[HISTORY: Adopted by the Town Board of the Town of East Hampton 5-18-2017 by 14-2017. Amendments noted where applicable.]
The purpose of these rules and regulations is to provide guidelines
for the care, custody, retention, disposition and accessibility of
public records of the Town of East Hampton pursuant to Public Officers
Law, Article 6, §§ 84 through 90.
As used in this chapter, the following terms shall have the
meanings indicated:
Any information kept, held, filed, produced or reproduced
by, with or for an agency or the state legislature, in any physical
form whatsoever, including, but not limited to, reports, statements,
examinations, memoranda, opinions, folders, files, books, manuals,
pamphlets, forms, papers, designs, drawings, maps, photos, letters,
microfilms, computer tapes or discs, rules, regulations or codes.
Town department agencies, including, but not limited to,
any water district, sewage district, drainage district or other special
district established by law for any purpose operating for and on behalf
of the Town of East Hampton and directly under its jurisdiction.
The Town Clerk shall have custody of all the records, books
and papers of the Town. However, since official records of the Town
of East Hampton are so vast and since the efficient operation of the
Town's daily business requires that official records be maintained
in close proximity to where such daily business takes place and since
§ 146 of the Education Law[1] authorizes the filing and storage of records in the buildings
in which they are ordinarily used, the various department heads who
have care and custody of official records shall:
A.
Act
for and be under the direction of the Town Clerk in all matters concerning
records retention, maintenance, filing, disposition and accessibility
to the public.
B.
Be
held responsible for all laws, rules and regulations imposed upon
the Town Clerk as official custodian of the Town records.
[1]
Editor's Note: Said § 146 was repealed by L.
1983, c. 876, § 4, eff. 12-31-1983.
A.
Individual
department, division or bureau heads shall make available records
to the public in compliance with the New York State Freedom of Information
Law. The Town Clerk, as the custodian of all the records, books and
papers of the Town, shall be the receiver of all requests. The Town
Clerk, as the custodian of all the records, books and papers of the
Town, can direct any officer, department, division or bureau head
or committee chairman as to the proper care, handling and disposition
of any and all Town records, books and/or papers. If the request cannot
be completed in the allocated five days, the Town Clerk shall send
notice to the requestor of such information and provide a reasonable
time frame for the completion of the FOIL request.
B.
The
Town Attorney shall be the supervising officer for the purpose of
any denial to records access pursuant to any request made under the
New York State Freedom of Information Law.
All FOIL requests shall be clear and concise and submitted using
the form located on the Town of East Hampton's website at http://www.ehamptonny.gov.
FOIL requests will be accepted via e-mail, mail, or fax.
The Freedom of Information Law, Public Officers Law, Article
6, §§ 84 through 90, endows the people with the authority
to inspect and receive copies of certain records possessed by local
governments. As a consequence, the Town Clerk and department heads
who have custody of official Town of East Hampton records shall make
available for public inspection:
A.
Final
opinions, including concurring and dissenting opinions, as well as
orders, made in the adjudication of cases, for example:
(1)
The final administrative decision in a disciplinary proceeding against
an employee.
(2)
A final decision of the Board of Appeals in deciding an appeal from
a Building Department decision.
(3)
Statements of policy and interpretations which have been adopted
by the Town and any statistical or factual tabulations which led to
the formulation of the policy.
(4)
Minutes of meetings of the Town Board and of any public hearings.
(5)
Final versions of internal or external audits made by or for the
Town.
(6)
Administrative staff manuals and instructions to staff that affect
members of the public.
(7)
An itemized record setting forth the name, address, title and salary
of every officer or employee, compiled by the fiscal officer charged
with preparing payrolls. Such records shall be made available for
inspection to bona fide members of the news media upon written notice,
on Form AC375, a copy of which is attached, in the office of the Town
Clerk during regular working hours.
B.
All
books of minutes, entry or account and the books, bills, vouchers,
checks, contracts or other papers connected with or used or filed
in the office of or with any officer, board or commission acting for
or on behalf of any town are declared to be public records and shall
be open, subject to reasonable regulations to be prescribed by the
officer having custody thereof, to the inspection of any taxpayer.
C.
All
department heads who have custody of official Town records shall prepare,
maintain and make available for public inspection current lists, reasonably
detailed by subject matter, of such records.
D.
Each
agency and department of the Town shall accept requests for public
access to records and produce public records during all hours regularly
open for business, which hours are ordinarily 9:00 a.m. to 4:00 p.m.,
Monday through Friday. In the case of an agency or department which
does not have regular business hours, such agency or department shall
establish a written procedure by which a person may arrange an appointment
to inspect and copy public records.
The Freedom of Information Law provides for the exclusion of
certain records or information from records which are made available
by the statute in an effort to prevent any unwarranted invasion of
personal privacy, such as:
A.
Disclosure
of personal matters reported to the Town in confidence which are not
relevant or essential to the ordinary work of the Town.
B.
Disclosure
of an employment, vital statistics, medical or credit history or personal
references of an applicant for employment, unless authorized by the
applicant.
C.
The
sale or release of lists of names and addresses where it would be
used for private, commercial or fund-raising purposes.
D.
Information
confidentially disclosed and maintained for the regulation of commercial
enterprises, including licensing purposes, if such disclosure would
permit an unfair advantage to competitors.
F.
There
is no right to remove any record from the office of any Town department,
nor may public inspection be exercised at a time and in a manner so
as to interfere with the work of any Town office.
A.
All
fees shall be paid prior to any review or printing of the FOIL materials
requested and is based on an estimate at the time of the initial search.
The Town of East Hampton reserves the right to request additional
funds at the completion of the FOIL request.
B.
Fees
according to the following schedule shall be paid by the public when
the Town of East Hampton makes copies of records upon request:
(1)
Copies of records up to 8 1/2 inches by 14 inches: $0.25 per
copy.
(2)
Searching fees. In the event that the request for public records
does not indicate such public records in the manner in which such
records are maintained in accordance with the law and searching of
subsidiary records is required in order to produce such public records
an additional fee may be accessed pursuant to Public Officers Law,
Article 6, § 87.
The Town Board and the members thereof shall continue to conduct
its meetings pursuant to the provisions of the Open Meetings Law as
it existed prior to May 31, 1985, the effective date of Chapter 136
of the Laws of 1985.
