[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 1-27-1981 by L.L. No. 2-1981 as Ch. 34 of
the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 95.
A.
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
is basic to our society.
B.
These regulations provide information concerning the
procedures by which records may be obtained from the Town of North
Greenbush.
D.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
A.
The Town Board of the Town of North Greenbush shall
appoint a Records Access Officer from among the appointed officers
or employees of the Town and such Records Access Officer is and shall
be responsible for ensuring compliance with the regulations herein
and with the Freedom of Information Law. The following persons are
designated as assistant records access officers in their respective
areas of responsibility:
[Amended 11-14-1991 by L.L. No. 9-1991; 3-25-2004 by L.L. No. 3-2004]
(1)
Supervisor.
(2)
Receiver of Taxes.
(3)
Assessor.
(4)
Police Chief.
(5)
Highway Superintendent.
(6)
Town Clerk.
(7)
Comptroller.
(8)
Chairman of the Zoning Board.
(9)
Chairman of the Planning Board.
(10)
Building Director.
[Amended 4-13-2006 by L.L. No. 2-2006]
(11)
Chairmen of all standing committees.
(12)
Fire Commissioner.
(13)
Animal Control Officer.
(14)
Clerks of the Town Court.
A.
The Supervisor is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 141-6, for an itemized record, setting forth the name, public address, title and salary of every officer or employee of the Town.
B.
The fiscal officer shall make the payroll items listed
above available to any person as required by the New York State Public
Officers Law.
[Amended 11-14-1991 by L.L. No. 9-1991]
[Amended 3-25-2004 by L.L. No. 3-2004]
Records shall be available for public inspection
and copying at the Town of North Greenbush Offices, 2 Douglas Street,
Wynantskill, New York, or at such other location as the Records Access
Officer shall indicate they are kept.
[Amended 11-14-1991 by L.L. No. 9-1991]
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are as follows:
A.
Where a request for records is required, such request
shall be in writing.
B.
A request for access to records should be sufficiently
detailed to identify the records. Where possible, the requester should
supply information regarding dates, titles, file designations or other
information which may help identify the records. However, a request
for any or all records falling within a specific category shall conform
to the standard that records be identifiable.
C.
A current list by subject matter of all records produced,
filed or first kept or promulgated after September 1, 1974, shall
be available for public inspection and copying. The list shall be
sufficiently detailed to permit the requester to identify the file
category of the records sought. The subject matter list shall be updated
periodically, and the date of the most recent updating shall appear
on the first page. The updating of the subject matter list shall not
be less than semiannual.
D.
No records may be removed by the requester from the
office where the record is located.
E.
Within five business days of the receipt of a written request for a record reasonably described, the records access officers must make the record available, deny access in writing pursuant to § 141-7A or furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied.
A.
Denial of access to records shall be in writing, stating
the reason therefor and advising the requester of the right to appeal
to the individual or body established to hear appeals.
B.
If requested records are not provided as required in § 141-6, such failure shall also be deemed a denial of access.
D.
The time for deciding an appeal by the Town Board
shall commence upon receipt of written appeal identifying:
E.
The Town Board shall inform the requester of its decision,
in writing, within 30 days of receipt of an appeal.
A notice containing the job title or name and
business address of the records access officers and fiscal officer,
a statement that the Town Board is the appeal body and the location
where records can be seen or copied shall be posted in a conspicuous
location wherever records are kept.