2025-119 (2)TOWN OF WAPPINGER, NEW YORK
EMPLOYEE -RELATED FOIL POLICY
Issued Date:
Issued by: The Town Board
I Revision Date: N/A
PURPOSE
In accordance with NY Public Officers Law §87(6), the Town Board hereby adopts this policy,
which shall govern in instances that a request is received by the Town for Employee disciplinary records.
When necessary, this policy may be revisited to determine whether changes to it should be made. After
such a determination, the Town Board may amend this policy for whatever reason.
DEFINITIONS
"Employee" shall mean an individual currently or previously appointed for employment by the
Town Board. This definition shall not include elected officials or Town Officers.
"Freedom of Information Law" ("FOIL") shall mean any request for information received pursuant
to NY Public Officers Law §84, et seq.
"Response" shall mean the final submission made to the requestor of documents under FOIL. This
shall include an initial response and the response to any potential appeal.
APPLICABILITY
In the event the Town receives a request for documents that pertains to an employee, this policy
will govern the notification to be sent to said employee regarding the same. In the event that a negotiated
procedure exists within a collective bargaining agreement, that procedure will control.
POLICY
Upon the receipt of a request for employee disciplinary records, the Town will notify the affected
employee, in writing, of the request as soon as administratively feasible. In the event that request is made
by the at -issue employee for their own records, notification will not be provided under this policy. As
FOIL requires responses to be made within a certain time frame, a response may need to be issued before
the employee is notified of the request. If a response has already been issued before the employee is
notified of the request, they will be informed of that fact within the notification.
Any notification issued under this policy will be in writing and delivered to the employee either
personally or by certified mail.' In the event that the employee the request pertains to is no longer
employed by the Town, reasonable efforts will be made to notify the former employee in the manner
referenced above or through other reasonable means.
FOIL requires the Town to engage in a specific analysis of whether documents are to be released
under the obligations contained within the statutory guidelines. Given the statutory mandates imposed on
the Town, an employee will not be in a position to object to the release of documents. Although an
1 A notification template is attached hereto.
Employee -Related FOIL Policy — Rev. 6/17/2025 Page 1
employee will not be afforded an opportunity to object to the release of documents involving them, all
responses to a request will be provided to the employee upon written request. Additionally, the Town will
review all documents to determine whether release is required under FOIL,, while also considering
applicable exemptions to protect personal privacy.
Should there be any questions relating to this policy, please contact the Town Supervisor's Office.
Employee -Related FOIL Policy — Rev. 6/17/2025 Page 2
Town of Wappinger
20 Middlebush Rd
Wappingers Falls, NY 12590
[DATE]
Via Certified Mail or Personal Delivery
[Employee]
[Address]
FREEDOM OF INFORMATION LAW REQUEST NOTIFICATION
Please take notice:
A freedom of information law ("FOIL") request/apeal was received by the Town on
[DATE] that seeks your disciplinary records. The request for information can not be provided to
you due to confidentiality. An initial response has/'nt been issued as of this date. A final response is
expected to be issued by [DATE] . Due to the obligations imposed on the Town pursuant FOIL,
you will not be given a chance to object to the release of documents. However, the Town will review the
documents to determine whether release is appropriate under FOIL while also considering your right to
personal privacy. Should you wish to receive a copy of what was released, please provide a written request
to the Town Clerk. If you have any questions in regard to this notification, please feel free to contact the
Town Supervisor.
cc: Personnel File