Loading...
HomeMy WebLinkAbout07-13-16-Public-Documents.pdfTOWN OF ENFIELD LOCAL LAW # 2 FOR THE YEAR 2016 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Enfield as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Enfield pursuant to General Municipal Law §3-c, and to allow the Town of Enfield to adopt a budget for the fiscal year beginning January 1, 2017 and ending December 31, 2017 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the town board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Enfield, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. BUDGET AMENDMENTS July 13, 2016 Budget Amendment #2016- 17 WHEREAS, expenses have exceeded the budget in the General Fund line A1420.4 titled “Attorney- Contractual”, now therefore be it RESOLVED, that line A1620.4 titled “Buildings Contractual” be decreased by $5000.00 and General Fund line A1420.4 be increased by $5000.00 Budget Amendment #2016- 18 WHEREAS, expenses have exceeded the budget in the General Fund line A1316.42 titled “Bookkeeper – Williamson Programs”, now therefore be it RESOLVED, the line A1316.41 titled “Contractual” be decrease by $130.00 and line A1316.42 be increeased by $130.00. Resolution # ___________-2016 TOWN OF ENFIELD PUBLIC HEARING ON LOCAL LAW #3 FOR THE YEAR 2016 PROCEDURES FOR PUBLIC ACCESS TO RECORDS OF THE TOWN OF ENFIELD UNDER THE FREEDOM OF INFORMATION LAW WHEREAS, the Town of Enfield adopted a resolution regarding the Uniform Rules Relating to the Administration of Public Access to Public Records on June 12, 2002 and WHEREAS, the State of New York has made several changes and additions to the Freedom of Information Law in the intervening years, including the application of strict rules pertaining to FOIL responses, such as very changing archiving rules for FOIL demands and responses, the Town Board opts to update its FOIL procedures to bring them up to 2016 standards as recommended by the Committee on Open Government, and WHEREAS, the Town Clerk and the Deputy Town Clerk have met with the Town Attorney, Guy Krogh regarding this draft Local Law, and WHEREAS, a draft of Local Law #3-2016 is on file with the Town Clerk for public review and has been provided to Town Board members for review and discussion, and WHEREAS, this proposed Local Law would be a Type II SEQRA and not require the preparation of an EAF0, now therefore be it RESOLVED that a Local Law be considered for adoption pursuant to the authority granted by and in the Statute of Local Governments, the Municipal Home Rule Law and Public Officers Law Article 6 and the regulations promulgated thereunder. Such Public Officers Law, Article 6, is more commonly known as the Freedom of Information Law and together with its rules and regulations, and as amended from time to time, it is hereinafter referred to as “FOIL” and it is further RESOLVED that a public hearing on the matter be held at 182 Enfield Main Rd., Ithaca, NY 14850 on Wednesday, August 10 at 6:30 PM to consider the aforesaid Local Law #3-2016, and to hear all persons interested in the subject thereof and concerning the same, to take and consider such evidence as may be submitted, and to take such action thereon as is required or permitted by law and it is further RESOLVED, that the Town Clerk of the Town of Enfield, Tompkins County is hereby authorized and directed to cause a proper Notice of Public Hearing to be duly and timely published in the official newspaper of the Town, and to further post a copy thereof on the Town signboard maintained by the Town Clerk, in accordance with law. TOWN OF ENFIELD LOCAL LAW # 3 OF 2016 PROCEDURES FOR PUBLIC ACCESS TO RECORDS OF THE TOWN OF ENFIELD UNDER THE FREEDOM OF INFORMATION LAW BE IT ENACTED by the Town Board of the Town of Enfield, County of Tompkins, State of New York, as follows: Section 1. Authority, Purpose and Scope A. This Local Law is adopted pursuant to the authority granted by and in the Statute of Local Governments, the Municipal Home Rule Law, and Public Officers Law Article 6, and the regulations promulgated thereunder. Such Public Officers Law, Article 6, is more commonly known as the Freedom of Information Law, and together with its rules and regulations, and as amended from time to time, it is hereinafter referred to as “FOIL.” B. The people’s right to know the process of government decision-making, and the documents and statistics leading to determinations is basic to our society. This Local Law provides information concerning the procedures by which records may be obtained, and it is the stated purpose of this Local Law to direct Town personnel to furnish to the public the information and records required by FOIL, as well as other records otherwise available by law. C. This Local Law applies to Town records and should not be deemed or construed to require the Town or the Records Access Officer (“RAO”) to obtain records from other agencies or to create records that provide the information sought. This Local Law is designed to comply with the basic requirements of FOIL and be a guide to assist in the understanding of government and how records affect and influence policy and decision-making. Section 2. Designation and Duties of Records Access Officer(s) A. The Town designates its Town Clerk as Records Access Officer (“RAO”). The Town Clerk is free to appoint one of his or her Deputy Clerks as a RAO, subject to formal approval of such appointment by resolution of the Town Board. B. RAOs shall have the duty of coordinating the responses of the Town to public requests for access in accordance with FOIL. In addition, the RAO shall also: 1. Develop and maintain reasonably detailed and up-to-date subject matter lists of the records and types of records in the possession of the Town. 2. If necessary or upon reasonable request therefor, assist the requester in identifying requested records and crafting appropriate FOIL requests. 3. Contact persons seeking records when a request is voluminous, or when locating records involves substantial effort, so that the RAO may ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested, or volume of time required for searching, while also still serving the needs of the requester. 4. Upon locating the records, take one of the following actions: (i) make records available for inspection; or (ii) deny access to the records in whole or in part and explain in writing the reasons therefor. 5. Upon request for copies of records that are being made available: (i) provide copies of the records on the medium requested, if the Town can reasonably make such copy or have such copy made by engaging an outside professional service, provided that the requester pays or agrees to pay fees, if any, established in accordance with FOIL or § 7 of this local law; (ii) upon request, certify that a record is a true copy; (iii) if unable to locate some or any portion of such requested records, certify in writing that the Town is not the custodian for such records or that the records cannot be found after a reasonably diligent search. 6. Establish a process or procedure whereby a person may arrange an appointment to obtain assistance in respect to FOIL or to inspect records. Such procedure shall include the name, position, address and phone number of the RAO or other persons to contact for the purpose of making an appointment. C. The RAO shall determine first whether requested records exist, and then the RAO shall determine whether the request may be granted or must be denied in whole or in part due to exceptions contained in FOIL or due to statutes or obligations preserving confidentiality or non-disclosure. The ROA may consult with the attorney for the Town, the Committee on Open Government, the Association of Towns, or any other person or entity to provide assistance in making these determinations. Section 3. Requests for Public Access to Records. A. Requests for public access to records shall be accepted during all hours the Town Clerk’s Office is regularly open for business. B. The Town may accept requests for records orally, but may also require requests for records to be in writing. If accepted orally, the RAO shall document the request and all responses thereto in reasonable detail in writing. The RAO shall also accept requests for records and respond thereto by electronic mail, unless the requester seeks a response in some other form. C. Any records requested must be identified or described with sufficient particularity so as to allow the RAO to locate and identify the records sought. “Sufficient particularity” generally includes information regarding applicable dates, file designations, document names or titles, types of records, information within the record sought (such as keywords, resolutions, approvals, etc.), or the office, officer, or body that made such record, or any other reasonable identifying information. D. All requests shall state whether records are desired to be examined or whether copies of the records are requested. Electing to examine records does not preclude a later request for copies or reproduction. E. The RAO shall respond to a request within five business days of receipt by: 1. Granting or denying access to records in whole or in part; or 2. Acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than 20 business days after the date of the acknowledgment. 3. However, if it is reasonably known or believed that the records cannot be obtained or produced within 20 days, then the RAO shall provide a statement in writing indicating the reason for the inability to grant the request within 20 days and the ROA shall provide a date certain, within a reasonable period of time under the circumstances of the request, when the request will be granted in whole or in part. F. If the request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within 20 business days of such acknowledgment, but circumstances prevent disclosure within that time, The RAO shall provide, within such 20-day period after acknowledgment: 1. A statement in writing specifying the reason for the inability to meet the production date noticed; and 2. An alternate date certain for production, which date shall be within a reasonable period of time under the circumstances. G. In determining a reasonable time for granting or denying a request under the circumstances of a request, the RAO shall consider the volume of a request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed or protected information redacted therefrom, the number of requests received by the Town, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time frame. H. If records are maintained on the internet the requester shall be informed that the records are accessible via the internet and can be further printed or provided in another information storage medium upon payment of any applicable fees. I. A failure to comply with the time limitations set forth above constitutes a denial of a request that may be appealed. Section 4. Denial of access to records. A. A denial of access to records shall be in writing stating the reasons therefor. Such writing shall also advise the requester of the time to and right of appeal, and the name and address of the body or officer to whom an appeal shall be directed. B. If a denial occurs due to a person requesting records that cannot be found or replied to because the request, or a portion of the request, does not reasonably describe the records sought, the RAO shall inform the requester that they can seek assistance from the RAO to help enable such person to frame a request reasonably describing such records and then submit an updated FOIL request. C. If the Town or the RAO fails to comply with the time limitations for records production as set forth in this Local Law or in FOIL, such failure(s) shall also be deemed a denial of access effective on the date of non-compliance. Non-compliance shall include situations in which an officer or employee: 1. Does not grant access to the records sought, does not deny access in writing, or does not acknowledge the receipt of a request within 5 business days of the receipt of the request. 2. Acknowledges the receipt of a request within 5 business days but does not furnish an approximate date when the request will be granted or denied in whole or in part. 3. Furnishes an acknowledgment of the receipt of a request within 5 business days with an approximate date for granting or denying access in whole or in part, or responds to a request stating that more than 20 business days is needed to grant or deny the request in whole or in part, and the date provided is unreasonable under the circumstances of the request. 4. Does not respond to a request within a reasonable time after the approximate date given or within 20 business days after the date of the acknowledgment of the receipt of the request. 5. Determines to grant a request in whole or in part within 20 business days of the acknowledgment of the receipt of a request, but does not do so, unless the Town provides the reason for its inability to do so in writing and a date certain within which the request will be granted in whole or in part. 6. Does not grant a request in whole or in part within 20 business days of the acknowledgment of the receipt of a request and does not provide the reason in writing explaining the inability to do so and a date certain by which the request will be granted in whole or in part. D. Some of the principal reasons for denial are set forth in Public Officers Law § 87(2), and within FOIL, certain exceptions to disclosure and production include records or portions thereof that: 1. Are specifically exempted from disclosure by state or federal statute. 2. If disclosed would constitute an unwarranted invasion of personal privacy, including but not limited to: (i) disclosure of employment, medical or credit histories, or personal references of applicants for employment; (ii) disclosure of items involving the medical or personal records of a client or patient in a medical facility; (iii) sale or release of lists of names and address if such lists would be used for commercial or fund-raising purposes; (iv) disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the Town in maintaining it; (v) disclosure of information of a personal nature reported in confidence to the Town and not relevant to the ordinary work of the Town; or (vi) information of a personal nature contained in a workers' compensation record. 3. If disclosed would impair present or imminent contract awards or collective bargaining negotiations. 4. Are trade secrets or are submitted to the Town by a commercial enterprise or derived from information obtained from a commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise. 5. Are compiled for law enforcement purposes and which, if disclosed, would: (i) interfere with law enforcement investigations or judicial proceedings; (ii) deprive a person of a right to a fair trial or impartial adjudication; (iii) identify a confidential source or disclose confidential information relating to a criminal investigation; or (iv) reveal criminal investigative techniques or procedures, except routine techniques and procedures. 6. If disclosed, could endanger the life or safety of any person. 7. Are inter-agency or intra-agency materials, except: (i) statistical or factual tabulations or data; (ii) instructions to staff that affect the public; (iii) final Town policy or determinations; or (iv) external audits, including but not limited to audits performed by the New York State Comptroller and the federal government. 8. Are examination questions or answers which are requested prior to the final administration of such questions. 9. If disclosed, would jeopardize the Town's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures. 10. Are photographs, microphotographs, videotapes or other recorded images prepared under authority of the New York State Vehicle and Traffic Law. Section 5. Lost, Missing, or Destroyed Records Upon any failure to locate any requested records the RAO shall either certify that the Town of Enfield is not the custodian for such records, that the records of which the Town of Enfield is a custodian cannot be found after a reasonably diligent search, or that the records requested have been destroyed pursuant to NYS Archive and related rules regarding document retention schedules and document destruction. Section 6. Location for Production of Records Records shall be available for public inspection at the Office of the Town Clerk during regular office hours. Section 7. Fees and Copies A. Upon receipt of a request for copies of records the RAO shall make such copies available upon payment of established fees set in accordance with this Local Law and the requirements of FOIL. B. Original Town records may not be removed from Town buildings under or in relation to this Local Law, except by or under the supervision of the RAO for purposes of compliance herewith, such as to make copies. C. There shall be no fee charged for inspections of records, searches for records or for any general administrative costs, or for any certifications required under this Local Law or FOIL. Nor may any fee be charged for an appeal. D. The Town Board may by resolution update and provide for additional fees for photocopying and related goods and service costs incurred under or in relation to requests submitted under this local law and FOIL, including the provisions of this § 7 (the “Fee Schedule”); however, such Fee Schedule shall not charge any costs or expenses prohibited by FOIL or other requirements of New York law. Unless otherwise governed by applicable law or by any updated Fee Schedule hereafter adopted, fees shall be charged at a rate of 25¢ per page for photocopies not exceeding 9 by 14 inches. The actual cost for copying other records, such as electronic records, may be charged as follows: 1. A reasonable per page rate for oversized paper of not less than $0.25 per page, and not greater than $1.00 per page or the actual costs of reproduction per page, unless the document must be sent to an outside agency for reproduction. 2. An amount equal to the hourly pay attributed to the lowest paid employee who has the necessary skill required to prepare a copy of the requested record, including the cost of redaction or preparing copies with confidential or other non-disclosed matters protected or removed, except that no fee shall be charged unless at least two hours of an employee’s time is needed to prepare the copy; 3. The actual cost of the storage devices or media (such as a computer disk) provided to the person making the request. If the requestor provides its own media, then there shall be no charge. 4. If the Town’s information or reproduction technology equipment is inadequate to prepare a copy of the record, or if the Town for some other reason is unable to prepare a copy of the record itself, the actual cost to the Town of engaging an outside professional or service company to prepare a copy. 5. However, no amount may be charged for an employee’s time or for use of an outside professional or service company unless the requester is informed of the fee and its estimated cost in advance. If the requestor rejects such amount the requester may still examine such record(s) but may not require a copy at such time. E. The foregoing provisions regarding fees and copying expenses do not apply when a different fee is otherwise prescribed by FOIL or any applicable statute. Section 8. Appeals A. The Enfield Town Board is hereby designated as the persons who shall determine appeals regarding denial of access to records, and well as any other appeals under FOIL and this Local Law, and such appeals shall be delivered to the following mail or electronic addresses: 1. By mail to 168 Enfield Main Rd., Ithaca, NY 14850 2. By email to townclerk@townofenfield.org. B. All appeals shall be filed within 30 days of the date of any reply denying a FOIL request in whole or in part, or within 30 days of any other event giving rise to an appeal. C. A written appeal shall state the following: 1. The date of the appeal, the date of the request for records, and the date of any denial of records or other applicable date or time that gives rise to the appeal. 2. The specific requests denied and the records to which the requester was seeking access. 3. So far as known, the reasons for the denial of access to the requested records, including whether the denial was in writing or due to the failure to provide records promptly. 4. The name and return address of the requester. D. The time for deciding an appeal shall commence upon receipt of a written appeal that meets the above informational guidelines, and the determination upon the appeal shall be provided to the appellant-requester within 10 business days of receipt of an appeal. A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or by fully explaining the reasons for any further denial in writing shall constitute a denial of the appeal. E. A copy of every appeal or determination upon appeal shall be filed with the New York State Committee on Open Government as required by FOIL. Section 9. Public Notice A. A notice containing the title or name and business address of each RAO and each appeals person or body, and the location where records can be seen, shall be posted in the Town Clerk’s Office in accord with FOIL. B. Such notice shall also be posted upon the Town’s website, and such online posting shall further state or include the times and places that public records are available for inspection, information on how to request records in person, by mail, or by email, and a link to the website of the New York State Committee on Open Government. Section 10. Construction By listing references to and rules and exceptions to FOIL production and disclosure in this Local Law the Town is seeking only to provide an informative process for the public. In all such cases actual reference to FOIL is required for the exact wording of the law, including updates or amendments to the New York State Public Officers Law. When required by law, the terms and requirements of FOIL as to document disclosure exemptions and exceptions and reproduction and copying fees shall be controlling, and the terms of this Local Law shall yield when in conflict therewith. Section 11. Severability If any provision hereof, or the application thereof to any person or circumstance, is adjudged invalid by a court or tribunal of competent jurisdiction, such provision shall be deemed severed and any such judgment shall not affect or impair the validity of the other provisions of this Local Law (which shall remain in force and effect) or the application hereof to other persons and circumstances.