Article 36-3

Article 36-3. Records inaccessible to the public.

A. The following records, pursuant to Town and state law, are not accessible to the public: (1) Those which are specifically exempted from disclosure by state or federal statute.

(2) Those which, if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of Subdivision 2 of Article 89 of the Public Officers Law.

(3) Those which, if disclosed, would impair present or imminent contract awards or collective bargaining negotiations.

(4) Those which are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.

(5) Those which are compiled for law enforcement purposes and which, if disclosed, would: (a) Interfere with law enforcement investigations or judicial proceedings;

(b) Deprive a person of a right to a fair trial or impartial adjudication;

(c) Identify a confidential source or disclose confidential information relating to a criminal investigation; or

(d) Reveal criminal investigative techniques or procedures, except routine techniques and procedures.

(6) Those which, if disclosed, would endanger the life or safety of any person.

(7) Those which are interagency or intra-agency materials which are not: (a) Statistical or factual tabulations or data;

(b) Instructions to staff that affect the public;

(c) Final agency policy or determinations; or

(d) External audits, including but not limited to audits performed by the Comptroller and the federal government.

(8) Those which are examination questions or answers which are requested prior to the final administration of such questions.

(9) Those which are computer access codes.

B. Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

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