[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.
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:
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.
