[HISTORY: Adopted by the Town Board of the
Town of Clay as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-20-1975]
[Amended 8-20-2001 by L.L. No. 1-2001]
The following rules and regulations shall apply
to the public inspection and copying of such Town records as are subject
to public inspection by law and shall continue in effect until altered,
changed, amended or superseded by further resolution of this Town
Board, or by action of the Committee on Open Government established
pursuant to the Public Officers Law.
The Town Clerk and Deputy Town Clerks, Clay
Town Hall, are hereby designated as the records access officers of
the Town of Clay.
The Town Commissioner of Finance and Deputy
Commissioner of Finance, Clay Town Hall, are hereby designated as
the fiscal officers of the Town of Clay.
Persons seeking public records shall make application
to any of the records access officers. Such applications may be oral
or in writing. All requests by a bona fide member of the news media
for access to payroll records shall be made to either of the fiscal
officers upon the application form prescribed by the State Comptroller.
Records shall be made available for inspection
at the Town of Clay Town Hall, at the office therein of the Town officer
charged with the custody and keeping thereof.
Such records shall be made available for public
inspection on regular business days during regular business hours,
if readily available. If the records are not readily available, written
request specifically describing records to which access is desired
shall be filed with the Town officer charged with the custody of such
records. Such written request shall be on the form described by the
State Comptroller. Response to such oral or written request shall
be made within no more than five working days after receipt of said
request or a written explanation given of the reason for any additional
delay which may be required. If the Town officer charged with the
custody and keeping of the record elects to deny access, that officer
shall submit to the requestor a written statement of the reason therefor,
and shall advise the requestor of his right to appeal such denial
and the name and address of the person to whom such appeal may be
made.
[Amended 8-20-2001 by L.L. No. 1-2001]
Appeals from denial of access to public records
shall be made to the Supervisor of the Town of Clay within 30 business
days from the date of delivery of such denial. Thereafter, the said
Supervisor shall make a determination of such appeal within 10 business
days of receipt of said appeal and inform the requestor of the decision
in writing. A final denial of access to a requested record by the
Supervisor shall be subject to court review as provided in Article
78 of the Civil Practice Law and Rules.
Any of the records access officers is authorized
to copy any records which are within the purview of the law and to
charge $0.25 per page. No records shall be reproduced until payment
is first received.
No records shall be removed from the lawful
custody of any Town officer charged with the custody and keeping thereof.
The Town officer charged with the custody and
keeping of any such record shall, upon request, certify a copy of
a document or record prepared.
Either of the fiscal officers and any of the
records access officers shall maintain a log in a form to be determined
by them which will contain the date and time of each application for
access to records made pursuant to these regulations. Such log shall
contain, in the case of requests made in person by the requestor,
the signature of the requestor certifying that the requestor has been
shown a copy of these regulations. In other cases, merely the name
of the requestor may be placed in the log by the officer.
To prevent an unwarranted invasion of personal
privacy, an agency or municipality may delete identifying details
when it makes records available. An unwarranted invasion of personal
privacy includes, but shall not be limited to:
A.Â
Disclosure of such personal matters as may have been
reported in confidence to an agency or municipality and which are
not relevant or essential to the ordinary work of the agency or municipality;
B.Â
Disclosure of employment, medical or credit histories
or personal references of applicants for employment, except such records
may be disclosed when the applicant has provided written release permitting
such disclosure;
C.Â
Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility;
D.Â
The sale or release of lists of names and addresses
in the possession of any department if such lists would be used for
private, commercial or fundraising purposes;
E.Â
Disclosure of items of a personal nature when disclosure
would result in economic or personal hardship to the subject party
and such records are not relevant or essential to the ordinary work
of the department.
[Amended 8-20-2001 by L.L. No. 1-2001]
In the event that a question arises as to the
nature of the records, in that public viewing of such records may
result in an unwarranted invasion of a citizen's personal privacy
or may result in a disclosure of material that must be confidential
to promote effective law enforcement or for any other reason which,
in the opinion of any of the records access officers, are valid to
promote the public interest while consistent with the Freedom of Information
Law, the records access officer shall confer with the Town Attorney
before determining if such records shall be made available for inspection.
Each department of the Town of Clay shall maintain
and make available for public inspection and copying a current list,
reasonably detailed, by subject matter of any records which shall
be produced, filed, or first kept or promulgated after the effective
date of this article. Such list shall also provide identifying information
as to any records in the possession of the department on or before
the effective date of this article.
In the event that any requests cannot be met
because such records are being used for current working purposes,
the applicant shall be advised of such fact and every effort will
be made to arrange a specific time when such records will be available.
The Town of Clay shall publicize by posting
in a conspicuous location wherever records are kept:
A.Â
The location where public records shall be made available
for inspection and copying;
B.Â
The name, title, business address and business telephone
number of the designated records access officers and fiscal officers;
C.Â
The right to appeal by any requestor denied access
to a record for whatever reason and the name and business address
of the person or persons or body to whom an appeal is to be directed.
[Adopted 11-5-1980]
Records Retention and Disposition Schedule No.
MU-1,[1] issued pursuant to Part 185, Title 8, of the Official
Compilation of Codes, Rules, and Regulations of the State of New York
and containing minimum legal retention periods for Town records, is
hereby adopted for us by the Town Clerk of this Town.
[1]
Editor’s Note: This form number was updated at the request
of the Town pursuant to changes made by New York State.
This Board hereby authorizes the disposition
of records in accordance with the minimum legal retention periods
set forth in Records Retention and Disposition Schedule No. MU-1.[1]
[1]
Editor’s Note: This form number was updated at the request
of the Town pursuant to changes made by New York State.
The Town Clerk be and hereby is directed to
furnish a certified copy of this resolution to the Commissioner of
Education.
