[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-6-1975. Amendments noted where applicable.]
The rules set forth in this chapter shall be applied 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Town records as are subject to public inspection by law and shall continue in effect until altered, changed, amended or superseded by further resolution of this Town Board or by action of the Committee on Public Access to Records established pursuant to Chapters 578, 579 and 580 of the Laws of 1974.
Such records shall be made available for inspection at the office of the Town officer or employee charged with the custody and keeping thereof.
[Amended 4-17-1989 by L.L. No. 3-1989]
Such records shall be made available for public inspection on regular business days between the hours of 10:00 a.m. and 12:00 noon and 2:00 p.m. and 4:00 p.m., if readily available. If not readily available, written request specifically describing records to which access is desired shall be filed with the Town officer or employee charged with the custody and keeping of the record, and such officer or employee shall produce the same within 48 hours of such request. If the Town officer or employee charged with the custody and keeping of the record elects or refuses access, he shall submit to the requester a written statement of his reason therefor within 48 hours of such request.
The Town officer or employee charged with the custody and keeping of the record shall, upon written request, make a copy or copies of any record subject to such inspection upon payment of a fee of $0.25 per page.
The written request shall specifically designate and describe each item of the record to be copied; the description of the item must be in sufficient detail so that the said Town officer or employee can reasonably identify the particular item for which the request is being made. The written request shall further state the total number of pages to be copied, and the total fee due for said copies shall be paid with said written request.
If a copy or copies are desired thereof by the requester, the Town officer or employee charged with the custody and keeping of the record shall make the same and mail or deliver the same to the requester within one week, depending on the volume and number of copies requested.
Certification. Any Town officer or employee charged with the custody and keeping of any such record shall, upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsection upon payment of a fee of $0.25.
To prevent an unwarranted invasion of personal privacy, the Committee on Public Access to Records may promulgate guidelines for the deletion of identifying details for specified records which are to be made available. In the absence of such guidelines, 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:
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.
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 a written release permitting such disclosure.
Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.
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 fund-raising purposes.
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.
Each department shall maintain and make available for public inspection and copying, in conformity with such regulations as may be issued by the Committee on Public Access to Records, 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 or any records in the possession of the department on or before the effective date of this chapter.
In addition to such requirements as may be imposed by this chapter or by Chapter 578 of the Laws of 1974, each board, commission or other group of the Town having more than one member shall maintain and make available for public inspection a record of the final vote of each member in every agency proceeding in which he votes.