Town of Kingston, NY
Ulster County
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[HISTORY: Adopted by the Town Board of the Town of Kingston 5-21-2009 by Res. No. 14. Amendments noted where applicable.]
GENERAL REFERENCES
Records management — See Ch. 83.
Such records shall be made available for inspection at the office of the Town Clerk charged with the custody and keeping thereof.
Such records shall be made available for public inspection on business days of the Town Clerk and call for available hours to review the records. If not readily available, written request specifically describing records to which access is desired shall be filed with the Town Clerk charged with the custody and keeping thereof, who shall produce same within 48 hours of such request. If the Town Clerk charged with the custody and keeping of the record elects to refuse access, he shall submit to the requester written statement of his reason therefor within 48 hours of such request.
A. 
Copies.
(1) 
The Town Clerk charged with the custody and keeping of the record shall, upon request, make a copy or copies of any record subject to such inspection upon a payment of a fee as provided by the Town Board.
(2) 
If a copy or copies are desired thereof by the requester, the Town Clerk 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.
B. 
Certification.
(1) 
The Town Clerk 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 as provided by the Town Board.
To prevent any unwarranted invasion of personal privacy, the Committee on Open Government 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:
A. 
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. 
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.
C. 
Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.
D. 
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.
E. 
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 Open Government, 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 chapter. Such list may also provide identifying information as to 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 the Public Officers Law, 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 votes of each member in every agency proceeding in which he votes.
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 body established to hear appeals.
B. 
If requested records are not provided promptly, such failure shall also be deemed a denial of access.
C. 
The Supervisor shall hear appeals for denial of access to records under the Freedom of Information Law.
D. 
The time for deciding an appeal by the person designated to hear appeals shall commence upon receipt of a written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the request for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or due to failure to provide records promptly.
(5) 
The name and return address of the requester.
E. 
The person designated to hear appeals shall inform the requester of his decision in writing within 10 business days of receipt of an appeal.
F. 
The person designated to hear appeals shall immediately forward to the Committee on Open Government copies of all appeals upon receipt and the ensuing determination thereon.