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HomeMy WebLinkAboutLL-1996 #05Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY. NY 12231 (Use this form to file a local law with the Secretary. of State.) Text of law should be given as amended. Do not [nctude matter being eliminated and do not use italics or underlining to indicate new matter. .x~x or .... -s-9_-u~-h--°_Ld ......................................................................... Town Local Law No .............. .5_ ..................... of the year 19.__9__6_ A local law ........-i-n---R--eJ~_tJ-°--n-_)-°--~-u---b-!Lc_--A--c-c.-e-s-s.__~9---B~ .................................... Be it enacted by the ._._T_=o.~_n____B__o~.r__d_ .................................................................. of the ~ or .... -s-9.-u.~-h-gJ.-cl- ........................................................................ as follows: Town I. Chapter 73 (Records, Public Access To) of the Code of the Town of Southold is hereby amended as follows: 1. Section 73-2(A)(7) of the Code of the Town of Southold is hereby amended by adding the following: (d) external audits, including but not limited to audits performed by the comptroller and the federal government. 2. Section 73-2(A)(9) of the Code of the Town of Southold is hereby amended by adding the following: 9. Are computer access codes. 3.Section 73-8(C) of the Code of the Town of Southold is hereby amended to read as follows: If a town agency fails to respond to a request within five (5) business days of receipt of a request as required in Section 73-6 hereof, such failure shall be deemed a denial of access by the agency. Section 73-8(G) of the Code of the Town of Southold is hereby amended to read as follows: (If additional space is needed, attach pages the samo size as this sheet, and number each.) <~v_ ~t~ (1) The Town Board or the person or body designated to hear appeals shal inform the appellant and the Committee on Public Access to Records of its determination in writing within ten (10) business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section. II. This Local Law shall take effect upon filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, desi.ffnated as local law No ......... _5_ ......................... of of the ~tx~ ~(,R~){Town)(Xfii}~) of .... ~_o_.u._~_h_.o.[_~ ........ : .......................................was duly passed by the .... _T_,o_.w__n___~_~ .................... 7__.. on ..~.a__~_-_J.~_-.~.'_ 19-_.~9.$, in accordanc~ with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the - ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) t hereby certify t~tat the local law annexed hereto, designated as local law No ................................... of 19 ...... of the (County)(City)(Town)(Village) of ..................................................... -'- .......... was duty passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after disapproval) by the ................................................. on ................... 19- .... Such local law was subm/rted :o the people by reason of a (mandatory)(pem:nissive) referendum, and received the affirmative vote of a majority of the qualified electom voting thereon at the (geneml)(special)(annual) election held on .................. 19.--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) t hereby certify that the local law annexed hereto, designated as local taw No .................................... of 19 ...... of the (County)(City)(Town)(Viilage) of ................................................................. was duly passed by the ................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after tName of LegiMative Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (Elective Chief Executive Officer*} permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer ora county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city. or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the City of ............................................. having been submitted to referendum pumuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of lbo qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 ...., became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. elf any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local Iaw, and was finally adopted in the manner in- dicated in paragraph ...... l ..... , above. Clerkof the C.j~mty legislative body, City, Tom or Village Cle~ o~ offiCgg~esig, oated.~ local legisl~.Qvc body~, _ UOlZn -I . I'erry, l own ~lerK (Sea0 Date: May ]5, 1996 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK SUFFOLK COUNTY OF I, the undersigned, hereby certify that the foregoing, lo,al law contains the co'rrect text and that all proper proceedings have been had or taken for the enactment of the local l~w annexed hereto. Signature Laury L.Dowd, Town Attorney Title Cxi~Tx of Southold Town Date: M.a_y 15, 1996 _ (3) ALEXANDER F. TREADWEll SECRETARY OF STATE STATE Of NEW YORK DEpartment of State ALBANY, NY 12231-0001 May 21, 1996 JUDITH T. TERRY TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of SouthOld, Local Law 5, 1996, filed 05/17/96 The above referenced materiat was received and filed by this office as indicated. Additional loCal law filing forms wiii be forWarded upon request. Sincerely, Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml t~l'~ printed on recycled paper PUBLIC HEARING SOUTHOLD TOWN BOARD MAY 1~, 1996 5:00 P.M. ON THE PROPOSED "LOCAL LAW IN RELATION TO PUBLIC ACCESS TO RECORDS". Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd JUSTICE EVANS: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of April, 1996, a Local law entitled, "A Local Law in Relation to Public Access to Records". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 1L~th day of May, 1996, at $:00 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Public Access to Records" reads as follows: BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 73 (Records. Public Access To) of the Code of the Town of Southold ~s hereby amended as follows: Section 73-2(A)(7) of the Code of the Town of Southotd is hereby amended by adding the following: (d) externat audits, incJudinc~ but not limited to audits performed by the comptroller and the federal ~overnment. Section 73-Z(A)(9) of the Code of the Town of Southold is hereby amended by adding the following: 9. Are computer ac:ess codes. Section 73-8(C) of the Code of the Town of Southoid is hereby amended to read as follows: if a town agency fails ~o resoond to a -aquest withi~ five (5) business days of receipt of a request as required in Section ~2-6{~-73-6 hereof, suc~ failure shall be deemed a deniat of access by the agency. Page 2 Section 73-8(G) of the Code of the Town of Southold is hereby amended to read as fattows: The Town Board or the person or body desicjnated to hear appeals shall inform the appellant ~nd the Committee on Public Ac~ss to Records of its de~e~in~tion in ~riting within t~n (~0) business d~s of r~c~iat of ~n determination sh~tl be tr~nsmitt~4 ~ t~e Committee on Public Ac~s~ to R~ords in ~he s~me manner ~s se~ fo~h in Subse~ion F ~ this se~ion. II. This Local Law shall take effect upon filing with the Secretary of State. * Underline represents additions. ** Overstrike represents deletions Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: April 30, 1996. Judith T. Terry, Southold Town Clerk." I have proof of affidavit that it was published in the Traveler-Watchman, and that it was put on the Town Clerk's Bulletin Board, and no correspondence. SUPERVISOR COCHRAN: You've heard the reading of the "Local Law in Relation to Access to Records". Is there anyone who would like to address the Board in relation to this Local Law? Mr. Flynn? F.M. FLYNN: I'm F.M. Flynn, a resident of Southold, and I have some brief, and hope, cogent remaFks that relate, not only to the amendment, but the basic Chapter 73 itself. SUPERVISOR COCHRAN: Mr. FIynn. is this going to be lengthy? F.M. FLYNN: It's a page and a half. SUPERVISOR COCHRAN: Okay, that's not bad. Go for it. F.M. FLYNN: When I first read the legal notice for the proposal, and it's amendment, it seemed innocuous, however, as is my custom I reviewed the applicable Chapter 73 of the Town Code. I have come to the conclusion that the provisions of this Chapter, if implemented as written, can have severe impacts on the people's right to know in a timely fashion, and in the democratic concept of open government. My analysis of the Chapter was stimulated by the position of the other proposed Local Laws in today's agenda. In short summary of Chapter 23, primarily for the benefit of those who may not be aware of it's provisions, it states, the Town agency or Town personnel may require that a request made for records be in writing. The Town agency shall respond within five working days. That's typically one week, because your weekend intervenes. If the Town agency fails to respond within five business days, it shall be deemed to be a denial of access. An applicant denied access may appeal within thirty days. The Town Board, or it's designee must make it's determination under the appeal within ten days of it's receipt. The final resort for the applicant is to institute an Article 78 proceeding. In the short term the delays inherent in this subject chapter can impose hardships on attorneys, brokers, appraisers, etc. to whom time is of the essence. With respect to Page 3 more complex issues including those which entail the potential for litigation, a Town agency can, for any reason, adopt an obdurate attitude, and follow the permitted procedures. The timely availability of an informed criticism to inform such criticism of legislation or plans can delayed for years, pending the outcome of the ultimate resort, the Article 78. Even if the appl'icants criticisms are supported by the date of ultimately released the damage has already been done. In extreme cases the provisions of the chapter can be used by the Town to stonewall opposition, In such cases public hearings would have a predetermined outcome, and the hearings would only be pro forma. Now, concerning the other proposed Local Law on today's agenda.. SUPERVISOR COCHRAN: Mr. Flynn, we'll stay only with this one right now. Each one has it's own hearing. F.M. FLYNN: I'm referring to the Local Laws, and my attitude toward them as related to this. It will take about.. SUPERVISOR COCHRAN: May I just make a clarification, that I believe, and I will ask the Town Attorney for a clarification, I believe that we are enacting this because it will then put in sync with the State Law, that this is part of the State Law change that we are mandated to do. Am I incorrect, Lawry? TOWN ATTORNEY DOWD: No. That is exactly why we have changed.. F.M. FLYNN: And what I am pointing out is the affects of this, and the means by which informed criticism can be delayed as a result of this Law, and it hardly permits informed and timely opposition to critical matters, which can be passed by this Board, and the opponent is ultimately supported by the decision of the court, but he is confronted with a fait accompli. Now, I have no opposition to the local laws for todays~ parking. However, I would like to say with respect to them, were I in opposition, which I am not, I would be hard put to mount an effective opposition in the four working days provided between notice and hearing. SUPERVISOR COCHRAN: I see what you're saying. F.M. FLYNN: If I were to request records I could be required to wait at least five days, thus effective opposition could be rendered mote. Similar restrictions on time to formulate opposition and far more complex matters are not uncommon. I would suggest that a longer leave time between notice and hearing be adopted particularly in matters that are likely to provoke opposition. The prompt release of requested documents without resort to technicalities would also further the cause of good government. Thank you. SUPERVISOR COCHRAN: Thank you, Mr. Flynn. Is there anyone else that would like to address the Board on this Local Law? (No response.) Laury, is there anything you would like to add for clarification? TOWN ATTORNEY DOWD: Only that the time period set in here are the outer limits. There's nothing that precludes the Town from responding more quickly. Page SUPERVISOR COCHRAN: Okay. Frank Carlin? FRANK CARLIN: Frank Carlin, Laurel. What do we need this for, when you have the Freedom of Information Act? COUNCILMAN MOORE: This ties into that. FRANK CARLIN: What do we need it for, the Freedom of Information Act by the State, right? COUNCILMAN TOWNSEND: This tells you how to comply with that. SUPERVISOR COCHRAN: Frank, youql have to ask the State. This comes down from the State. We're required to make the change. FRANK CARLIN: The State sets the rules? You're going to change them now? SUPERVISOR COCHRAN: This is what they dictated to us to change it to. They've changed them, and we have to conform. Is there anyone else that would like to address the Board? (No response.) If not, I call the hearing closed. Southold Town Clerk LEGAL NOTICE' LOCAL: l'l. BI,iL 'NOIl(.i. I.%' III":RI-:BY (dVI:N thai Ih~l'e has hcun pre,,cntcd Io Ih~ 'l'o~Vl~ Board ol'the 'l'tm n of Sotahold. Stll'fi)lk (.'ount~. Ne~ York. on file 30th da) of April. 1996. a Locat Law,enfided, "A.,L0cai .L~J'ih R6iaii~n to Pubii~ Ot ~h~; T~n:bf SOu~otd will ~, · .,'L: .x. I:. ~3095 outhold~ follows.: ~of ,4. Section 73,8(G) of the Code;df the Town of Southold -.is hereby amended to read as foll0ws~ ~ · .The-Td~fiBoard or'the l~er- soni d~ibbdy:~tesignated t..o:he, a? appehl~, shaH tnform the appel- :lant~and~the C6mmittee 0n Pub- [ii: A~:cess toRecords oiqt~ de- terminatiOn in writing within ~ ~ bps(ness ~days' 'o~'.receipl~ ~f an ?P3eaL The'det~rmina~tion ~ii~il ibe transmitted to~e Comm'ittee on Public \ccc~s to Records in titc Sllln¢ llll'IlnlCF ils %~.'J Ibl'lh in SIIb~,¢cliOll t' of tJli~ scctioll. II. This I.ocal I.aw M'mll -take, ~&t Upofi fi~ngwi~'~e ~[h~Ll~,.linc Bond rcpresenu addilions. Oxerstrikc repre- sents deletions. (:opic~ of thK Local'Law p~a~ijable in the Office" of :.~he'T6wn Clerk to ~y ~nter- ~g~d~ersons aumg b~sin~ss D~teff: April 30, 19962. ~ ~SOUTHOLD TO~ CLE~ ~ :., . lX'5/9~9~(9~) _. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a oublic newspaper printed at Southold, in Suf- foil< County; and that the notice of which the annexed is a printed copy/has been published in said Traveler-Watchman once each week for ...................................................... /... ............. weeks successively, commeficing on the .................... day of ............ .~q ...... ~....~,~ .................. ,19.&. S,Aorn to before me this ............. .?.. ......... day of ...................... , .......... ....~......~.. ........................ , ~ 9...~,.~.. Notary Public BARB.~,P,,~, A. SCHNEIDER ~ ..dC, S.ate of 1,~.w York q~;:!i~J in Suf?:lk Couqty ~ is hereby amended by adding the following: i (d) externalaudits, in6iud- ~ ii/~-6ut n°t limited to audits ' lk,'~:to'.r_j!Lex_ I_ ,12 ~,.L I h e t'J.UiJ~i) ll._'o_]: :'ler alld th(' f.~.~dcral lt(l%¢rn- merit. 2 :~Section 73-2(A)(9),of,the C6d~ i~ie the, Town of South~old is hereby ;amended by ad, ding th ,~' fo flox~,:il'v~: (), '~1'(.'. C!)ll).]ltltt'l' ¢odes~ 3~:I Section 73-8(C) of the :: Code:0f:lihe Town ~f Sou~.oild ': is: herei~y amended to ~r~l as' f~llov~s: , Ifa town agency fails.to re- spoiid:m a request wi{bin ~-five (5)'btlsines;, ,3a~ - 0f receipt'of :1 i'cquc,,I ;is rcqni1,2d in Section ':g-~*l-)--.'.~.-_(,. hcreol: ,ach ute shall be deemed a denial of _ .a_cce§s by:_th_.~ agenc~Y: __.