[HISTORY: Adopted by the Town Board of the Town of Manlius: Art. I, 3-13-1991 as Ch. 5 of the 1991 Code. Amendments noted where applicable.]
[Adopted 3-13-1991 as Ch. 5 of the 1991 Code]
For purposes of this Article, the following municipal bodies shall constitute the agencies of the Town of Manlius:
Town Clerk's office.
Board of Assessment Review.
Conservation Advisory Council.
Narcotics Guidance Council.
Receiver of Taxes.
Board of Zoning Appeals.
There is hereby established the positions of records access officer and town fiscal officer to administer and enforce the following Article and any rules and regulations promulgated thereunder.
All agencies of the Town of Manlius, as provided in § 99-1, shall have one (1) or more persons designated by the Town Board by resolution as the agency records access officer and one (1) or more persons designated as the agency's fiscal officer. The same person or persons may hold both positions if so designated by the Town Board. Such appointments shall be persons with familiarity with the operations of each particular agency and shall be persons who have daily access to the records of such agency.
Each records access officer as above designated shall have the following responsibilities during normal business hours:
Provide copies of records pursuant to Subsection A(4) below upon the appropriate request, as specified below, for the following records:
Final opinions made in the adjudication of cases; includes concurring and dissenting opinions as well as orders.
Statements of policy and interpretations which have been adopted by the agency and any documents, memoranda, data or other materials constituting statistical or factual tabulations which led to the formulation thereof.
Minutes of meetings and public hearings, if any, of the agency and of public hearings held by the agency.
Internal and external audits and statistical or factual tabulations made by or for the agency.
Administrative staff manuals and instructions to the staff that affect members of the public.
Police blotters and booking records.
Final determinations and dissenting opinions of members of the governing body, if any, of the agency and the final votes of each member in every agency proceeding in which he votes.
Any other records, papers, documents or files required by any other law to be made available for public inspection and copying.
Assist the applicant in identifying the records he or she is seeking.
Search the agency files for the identifiable record.
Upon locating the record, take one (1) of the following actions:
Review such records and delete any information which would constitute an unwarranted invasion of personal privacy. 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 and which are not relevant or essential to the ordinary work of the agency; 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 agency or municipality if such lists would be used for private, commercial or fundraising 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 agency. Thereafter, said officer shall make the record promptly available for inspection or schedule an appointment for inspection.
Deny access to the record.
Upon request by the applicant for copies of the record, make copies available upon payment or offer to pay the fees established by resolution of the Town Board. The copies shall be available within three (3) business days of the proper request depending on the volume and number of copies requested.
Upon request, certify to the correctness of the records copied.
If the records cannot be located, either certify, in writing, that the agency is not the legal custodian for such record, or such officer must certify, in writing, that the record of which the agency is a legal custodian cannot be found. If a record is not readily available, a written request specifying such record shall be filed with the officer, who shall produce the same within forty-eight (48) hours of such request.
Each fiscal officer as above designated shall have the following responsibilities during normal business hours: to provide copies of records pursuant to the procedure of Subsection A(4) of this section, said records to be itemized records, setting forth the name, address, title and salary of every officer or employee of a municipal agency as described in § 99-1 except officers and employees of the state law enforcement agencies, and such fiscal officer shall certify such payrolls as being correct. In addition, the following shall apply:
Such records described in Subsection B above shall be available only to bona fide members of the news media who have adequately identified themselves to the officer and have made a written request for such information on the forms adopted by the Comptroller of the State for such purpose and entitled "Notice of Intention to Examine Public Employment Records."
In the case of law enforcement agencies, the records shall list the officials' or employees' titles and salary only, without identifying individual employees.
The records may be inspected under the supervision of the particular fiscal officer's office and only in the particular fiscal officer's office during regular working hours and regular working days or at such other place as may be convenient to the particular fiscal officer.
Any individual denied access to a public record may appeal such denial of access to the Town Supervisor. When a request has been properly completed as above described and the records access officer or fiscal officer shall deny access to the record, such denial shall be made, in writing, on the Application for Public Access to Records or Notice of Intention to Examine Public Employment Records, and such denial must be signed in the appropriate part by the access officer or fiscal officer. The applicant, upon receiving such denial, in writing, must make a prompt appeal of the decision of said access officer or fiscal officer by executing the notice of appeal on the bottom of the Application for Public Access to Records or Notice of Intention to Examine Public Employment Records and submit it directly to the office of Town Supervisor. Said Supervisor shall act within seven (7) days from the date of appeal, and if the Supervisor further denies such access, his or her reasons therefor shall be explained fully, in writing, within seven (7) business days of the time of such appeal. Such denial shall be subject to review in the manner provided in Article 78 of the Civil Practice Law and Rules.
Each agency as above enumerated shall maintain and make available for public inspection and copying a current list, reasonably detailed by subject matter of any records produced, filed or first kept or promulgated after September 1, 1974. Such list should be reasonably detailed so that it will aid the public in identifying records and assist agency personnel in finding requested records with reasonable effort.
Each agency as above enumerated shall also maintain a current list by subject matter of all records maintained by the agency and shall have such list available for public inspection and copying by January 1, 1975.
The particular subject matter list shall be in every location designated as a place where those records shall be made available for public inspection and copying, and the Town Clerk shall maintain a current subject matter list for each agency.
Such records shall be available for inspection at the office of the town officer or employee charged with the custody and keeping thereof.
Where practicable, the access officer should make records available for public inspection and copying during regular business hours on regular working days.
The Town Board shall authorize and the Town Clerk shall publish within thirty (30) days of the effective date of this Article the following information for each agency as above enumerated once in the official town newspaper:
The name, title, business address and business telephone number of each designated records access officer and each fiscal officer.
Where and when public records will be made available for inspection and copying.
The fees to be charged for copies of such information.
A concise statement of the procedures pursuant to this Article which are to be followed by each applicant.
The right of appeal by any applicant denied access to a record for whatever reason and the name and business address of the person to whom an appeal is to be directed.
Notwithstanding the provisions of any other section of this Article, the requirements and obligations of this Article shall not apply to information that is:
Specifically exempted by any statute of the State of New York.
Confidentially disclosed to an agency and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license to do business and if openly disclosed would permit an unfair advantage to competitors of the subject enterprise, but this exemption shall not apply to records, the disclosure or publication of which is directed by any other statute of the State of New York;
If disclosed, an unwarranted invasion of personal privacy pursuant to the standards of § 99-3A(4)(a) of this Article.
Part of investigatory files compiled for law enforcement purposes.
This Article shall be construed to conform with the rules and regulations now existing or hereafter promulgated by the Committee on Public Access to Records established pursuant to Article 6 of the Public Officers Law of the State of New York.