2005-051RESOLUTION NO. 2005-051
RESOLUTION AUTHORIZING APPOINTMENT OF RECORDS ACCESS OFFICER
AND FOIL APPEALS HEARING OFFICER
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 11 th
day of April, 2005, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Council Members - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Mr.yaldati and seconded by
Mr. Bettina
WHEREAS, the Town Board as the governing body of the Town of Wappinger is
authorized to designate a Records Access Officer pursuant to 21 NYCRR 1401.2 in order to
ensure compliance with the requirement of public access to records in accordance with the
Freedom of Information Law (FOIL); and
WHEREAS, it is axiomatic that the Town Clerk is the person best suited to perform the
duties of such Records Access Officer; and
WHEREAS, 21 NYCRR 1401.7 requires the Town Board as the governing body of the
Town of Wappinger to designate a person or body to hear appeals regarding the denial of access
to records under the Freedom of Information Law (FOIL); and
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WHEREAS, the Attorney to the Town of Wappinger is best suited and most
knowledgeable to perform such appeals function by virtue of his knowledge and ability to
interpret the applicable law; and
WHEREAS, the designations for such Records Access Officer and FOIL Appeals
Hearing Officer are to be made by unanimous vote of the Town Board.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Town Clerk, Gloria J. Morse, is hereby designated the Records Access Officer of
the Town of Wappinger.
3. Attorney to the Town of Wappinger, Albert P. Roberts, Esq. is hereby designated
the FOIL Appeals Hearing Officer authorized to hear all appeals regarding any alleged denial of
access to records under the Freedom of Information Law (FOIL), and that Emanuel F. Saris, Esq
be designated to so act in Mr. Roberts' absence.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting
ROBERT L. VALDATI, Councilman Voting
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONI, Councilman
MAUREEN MCCARTHY, Councilwoman
Dated: Wappingers Falls, New York
April 11, 2005
Voting
Voting
Voting
Ave
Aye
Aye
Aye
Aye
The Resolution is hereby duly declared adopted.
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