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Town of Red Hook, NY
Dutchess County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Town Board of the Town of Red Hook: Art. I, 2-14-1989 by resolution; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
[Adopted 2-14-1989 by resolution]
Record Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.
In accordance with Article 57-A:
A. 
Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.
B. 
Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods.
[Adopted at time of adoption of Code [1]]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I.
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. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B. 
These regulations provide information concerning the procedures by which records may be obtained.
C. 
Personnel shall furnish to the public the information and records required by the Freedom of Information Law,[1] as well as records otherwise available by law.
[1]
Editor's Note: See Public Officers Law § 84 et seq.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public record.
A. 
The Town Board is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: Town Clerk, 109 South Broadway, Red Hook, New York.
B. 
The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.
C. 
The records access officer shall ensure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection.
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records, take one of the following actions:
(a) 
Make a copy available upon payment of or an offer to pay the established fees, if any, in accordance with § 104-10.
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The town is not the custodian for such records; or
(b) 
The records of which the town is a custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the Town Clerk's office, 109 South Broadway, Red Hook, New York.
Requests for public access to records shall be accepted and records produced during all hours that the Clerk's office is regularly open for business.
A. 
A written request may be required, but oral requests may be accepted when records are readily available.
B. 
A response shall be given within five business days of receipt of any request reasonably describing the record or records sought.
C. 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
D. 
If the records access officer does not provide or deny access to the record sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.
A. 
The records access officer shall maintain a reasonably detailed current list by subject matter of all records in his or her possession, whether or not records are available pursuant to § 87, Subdivision 2, of the Public Officers Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
C. 
The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
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, as required in § 104-7D of this Article, 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.[1]
[1]
Editor's Note: See Public Officers Law § 84 et seq.
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 as required by § 104-7D.
(5) 
The name and return address of the requester.
E. 
The person designated to hear appeals shall inform the requester of his or her 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 of Open Government copies of all appeals upon receipt and the ensuing determination thereon.
The following fees shall be charged:
A. 
Inspection of records: no fee.
B. 
Search for records: no fee.
C. 
Any certification pursuant to this chapter: no fee.
D. 
Photocopies not exceeding nine by fourteen (9 x 14) inches: $0.25 per page.
E. 
Fees for copies of records other than photocopies which are nine inches by 14 inches or less in size: the actual copying cost, excluding fixed agency costs such as salaries, except when a different fee is otherwise prescribed by statute.
A notice containing the title or name and business address of the records access officers and appeals body and the location where records can be seen or copies may be made shall be posted in a conspicuous location wherever records are kept.