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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 C:\Documents and Settings\GinaNAPPINGER\Local Settings7emporary Internet Files\OLK1A\Records Access Officer - Apptment.doc 1-1 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. C:\Documents and Settings\GinaNAPPINGER\Local Settings\Temporary Internet Files\OLK1A\Records Access Officer - Apptment.doc