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Marlborough adopts policy to notify employees when disciplinary records are requested under FOIL
Summary
The Town Board adopted a policy implementing New York Public Officers Law §87(6) to notify current and former employees when their disciplinary records are sought under FOIL; the policy sets notification content, delivery methods, a review and redaction process, and grants the Town Clerk primary responsibility for implementation.
The Town Board on April 28 adopted a 'Policy on Employee Notification of Disciplinary Records Request Under FOIL' to implement Public Officers Law §87(6). The policy requires the Town to notify current and former employees when their disciplinary records are subject to a FOIL request and sets out how notifications will be delivered and documented.
The adopted policy says the town will notify employees "as soon as administratively feasible, ideally before records are released," but acknowledges that FOIL’s statutory response deadlines may make pre-release notice impractical; in those cases, the town will notify employees after release and document the timing. The notification must include the date the FOIL request was received, whether records have been released, an approximate date for a final response if not issued, and instructions for the employee to request a copy of released records from the Town Clerk at no cost.
The policy also requires the Town Clerk or records access officer to review requested documents for applicability to the FOIL disciplinary-records definition and to consider exemptions (for example, personal privacy under Public Officers Law §87(2)(b)) and redaction needs. Delivery methods specified are town email or personal delivery for current employees and reasonable efforts (email, certified mail or phone plus written confirmation) for former employees. The Town Clerk is designated as responsible for implementation and maintaining documentation of notification attempts.
The resolution adopting the policy passed unanimously of members present (Molinelli absent). The policy is effective upon adoption and the board reserved the right to amend it as legal requirements evolve.
