Town of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Newburgh: Art. I, 8-11-1975, amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I); Art. II, 2-15-1989. Subsequent amendments noted where applicable.]
[Adopted 8-11-1975; amended in its entirety 11-6-1995 by L.L. No. 7-1995]
The following rules and regulations shall apply to the public inspection and copying of such town records as are subject to public inspection by law and shall continue in effect until altered, changed, amended or superseded by further resolution or enactment of this Town Board or by action of the Committee on Open Government established pursuant to Chapters 578, 579 and 580 of the Laws of 1974.[1]
[1]
Editor's Note: For current provisions see L. 1977, c. 933 (the Freedom of Information Law), included as Article 6 of the Public Officers Law.
A. 
The Town Board of the Town of Newburgh is responsible for ensuring compliance with the regulations herein and shall designate one or more persons as the records access officers of the Town of Newburgh, who shall be responsible for ensuring appropriate agency response to public requests for access to records. The Town Board may additionally from time to time designate one or more persons as assistant records access officers to assist a records access officer in the performance of his or her duties. All records access officers and assistant records access officers shall serve in that capacity at the pleasure of the Town Board. The designation of a 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.
[Amended 5-7-2007 by L.L. No. 2-2007]
B. 
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:
(a) 
Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 144-8; or
(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 of Newburgh is not the custodian for such records; or
(b) 
The records of which the Town of Newburgh is a custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the Town Clerk's office, 20-26 Union Avenue Extension, Newburgh, New York.
Requests for public access to records shall be accepted and records produced during all hours that the Town Clerk's office is regularly open for business.
A. 
A written request may be required, but oral requests may be accepted.
B. 
A response shall be given regarding any request reasonably describing the record or records sought within five (5) business days of receipt of the request.
C. 
A request shall reasonably describe the record or records sought. Wherever 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 records 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.
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 Subdivision 2 of § 87 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 individual or body established to hear appeals.
B. 
If requested records are not provided within a reasonable time period, such failure shall also be deemed a denial of access.
C. 
The Town Attorney shall hear appeals for denial of access to records under the Freedom of Information Law. Such appeals shall be made within 30 days of a denial.
D. 
The time for deciding an appeal by the body 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 within a reasonable time period.
(5) 
The name and return address of the requester.
E. 
The body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231.
F. 
The body designated shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection E of this section.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
B. 
The fee for photocopies not exceeding eight and one-half by 14 inches is $0.25 per page.
C. 
The fee for copies of records not covered by Subsections A and B of this section shall not exceed the actual reproduction cost (which is the average unit cost for copying a record, excluding fixed costs of the Town, such as operator salaries).
A notice containing the title or name and business address of the records access officer and appeals body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.
A. 
To prevent an 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.
B. 
An unwarranted invasion of personal privacy includes, but shall not be limited to:
(1) 
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.
(2) 
Disclosure of employment, medical or credit histories or personal references of applicants for employment, except that such records may be disclosed when the applicant has provided a written release permitting such disclosure.
(3) 
Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.
(4) 
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.
(5) 
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.
In addition to such requirements as may be imposed by this article or by Chapter 578 of the Laws of 1974,[1] 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.
[1]
Editor's Note: For current provisions, see L. 1977, c. 933 (the Freedom of Information Law), included as Article 6 of the Public Officers Law.
[Adopted 2-15-1989]
Records 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.