[HISTORY: Adopted by the Board of Trustees of the Village of Perry
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cyber security citizens' notification policy — See Ch. 21.
[Adopted 6-22-2006]
A.
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
can be thwarted by shrouding them with the cloak of secrecy or confidentiality.
B.
This article provides information concerning the procedures
by which records may be obtained from an agency defined by Subdivision 3 of
§ 86 of the Public Officers Law. No agency regulations shall be
more restrictive than this article.
D.
Any conflicts among laws governing public access to records
shall be construed in favor of the widest possible availability of public
records.
A.
The Board of Trustees ("Board") of the Village shall
be responsible for ensuring compliance with the regulations herein and designates
the Village Clerk as the principal records access officer who shall have the
duty of coordinating the Village response to public requests for access to
records. The designation of the Village Clerk shall not be construed to prohibit
officials who have in the past been authorized to make records or information
available to the public from continuing to do so.
The Board hereby designates the office of the Village Clerk as the location
where public records shall be available for public inspection and copying.
The Village Clerk shall accept requests for public access to records
and produce records during all hours during which the Clerk's office is regularly
open for business.
A.
The Village Clerk may require that a request be made
in writing or may make records available upon oral request.
B.
The Village Clerk shall respond to any request reasonably
describing the record or records sought within five business days of receipt
of the request.
C.
A request shall reasonably describe the record or records
sought. Whenever possible a person requesting records should supply information
regarding dates, file designations or other information that may help to describe
the records sought.
D.
If the Village Clerk does not provide or deny access
to the records sought within five business days of receipt of a request, the
Village Clerk shall furnish a written acknowledgment of receipt of the request
and a statement of the approximate date when the request will be granted or
denied. If access to records is neither granted nor denied within 10 business
days after the date of acknowledgment of receipt of a request, the request
may be construed as a denial of access that may be appealed.
A.
The Village Clerk shall maintain a reasonably detailed
current list by subject matter of all records in his/her possession, whether
or not records are available pursuant to Subdivision 2 of § 87 of
the Public Officers Law.
B.
The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.
C.
The subject matter list shall be updated not less than
twice per year. The most recent update shall appear on the first page of the
subject matter list.
A.
The Board shall hear appeals or shall designate a person
or body to hear appeals regarding denial of access to records under the Freedom
of Information Law.
B.
Denial of access shall be in writing stating the reason
therefor and advising the person denied access of his or her right to appeal
to the person or body established to hear appeals, and that person or body
shall be identified by name, title, business address and business telephone
number. The records access officer shall not be the appeals officer.
C.
If the Board fails to respond to a request within five business days of receipt of a request as required in § 115-5 of this article, such failure shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
The Board shall transmit to the Committee on Open Government
copies of all appeals upon receipt of an appeal. Such copies shall be addressed
to:
|
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
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G.
The Board or the person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination, in writing, within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection F of this section.
Except when a different fee is otherwise prescribed by law:
Records Retention and Disposition Schedule MU-1, issued pursuant to
Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum
retention periods for municipal government records, is hereby adopted for
use by all municipal officers in disposing of municipal government records
listed therein.
In accordance with Article 57-A:
A.
Only those records will be disposed of that are described
in Records Retention and Disposition Schedule MU-1 after they have met the
minimum retention period prescribed therein.
B.
Only those records will be disposed of that do not have
sufficient administrative, fiscal, legal or historical value to merit retention
beyond established time periods.
[Adopted 6-22-2006]
There shall be a records management program established under the auspices
of the Village Board headed by a records management officer (RMO). The RMO
will be responsible for administering the noncurrent and archival public records
and storage areas for the Village in accordance with local, state and federal
laws and guidelines. The RMO shall be the Village Clerk or his designee.
The RMO shall have all the necessary powers to carry out the efficient
administration, determination of value, use, preservation, storage and disposition
of the noncurrent and archival public records kept, filed or received by the
offices and departments of the Village.
A.
The RMO shall continually survey and examine public records
to recommend their classification so as to determine the most suitable methods
to be used for the maintaining, storing and servicing of archival material:
(1)
Obsolete and unnecessary records according to New York
State Records Retention and Disposition Schedules thereby subject to disposition;
(2)
Information containing administrative, legal, fiscal,
research, historical or educational value which warrants its permanent retention;
or
(3)
Records not subject to disposition according to state
law.
B.
The RMO shall establish guidelines for proper records
management in any department or agency of the Village in accordance with local,
state and federal laws and guidelines.
C.
The RMO shall report annually to the chief executive
official and the governing body on the powers and duties herein mentioned,
including but not limited to the cost/benefit ratio of programs effectuated
by the department.
D.
The RMO shall operate a records management center for
the storage, processing and servicing of all noncurrent and archival records
for all Village departments and agencies.
E.
The RMO shall establish a Village archives and perform
the following functions:
(1)
Advise and assist Village departments in reviewing and
selecting material to be transferred to the Village archives for preservation.
(2)
Continually survey and examine public records to determine
the most suitable methods to be used for the creating, maintaining, storing
and servicing of archival materials.
(3)
Establish and maintain an adequate repository for the
proper storage, conservation, processing and servicing of archival records.
(4)
Promulgate rules governing public access to and use of
records in the archives, subject to the approval of the Records Advisory Board.
(5)
Develop a confidentiality policy for archival records
designated confidential, provided that such policy does not conflict with
any federal or state statutes.
(6)
Provide information services to other Village offices.
(7)
Collect archival materials which are not official Village
records but which have associational value to the Village or a close relationship
to the existing archival collection. Such collecting shall be subject to archive
space, staff and cost limitations and to the potential endangerment of such
materials if they are not collected by the archives.
(8)
Develop a procedure whereby historically important records
are to be identified at the point of generation.
There shall be a Records Advisory Board designated to work closely with
and provide advice to the RMO. The Board shall consist of the Village Board,
Village Attorney and Village Comptroller. The Board shall meet periodically
and have the following duties:
A.
Provide advice to the RMO on the development of the records
management program.
B.
Review the performance of the program on an ongoing basis
and propose changes and improvements.
C.
Review retention periods proposed by the records management
office for records not covered by state archives' schedules.
D.
Provide advice on the appraisal of records for archival
value and be the final sign-off entity as to what is or is not archival.
A.
A Village department is the legal custodian of its records
and shall retain custody of records deposited in the records center. Records
transferred to or acquired by the archives shall be under the custody and
control of the archives rather than the department which created or held them
immediately prior to being transferred to the archives.
B.
Records shall be transferred to the archives upon the
recommendation of the RMO, with the approval of the head of the department
which has custody of the records and the approval of the Records Advisory
Board.
C.
Records may be permanently removed from the archives
at the request of the RMO or the head of the department which had custody
of the records immediately prior to the transfer of those records to the archives,
subject to the approval of the Records Advisory Board.
The Village Attorney may take steps to recover local government records
which have been alienated from proper custody and may, when necessary, institute
actions of replevin.
No records shall be destroyed or otherwise disposed of by a department
of the Village unless approval has been obtained from the RMO. No records
shall be destroyed or otherwise disposed of by the RMO without the express
written consent of the department head having authority.
As used in this article, the following terms shall have the meaning
indicated:
Those official records which have been determined by the RMO and
Advisory Board to have sufficient historical or other value to warrant their
continued preservation by the local government.
Any documents, books, papers, photographs, sound recordings, microforms
or any other materials, regardless of physical form or characteristics, made
or received pursuant to law or ordinance or in connection with the transaction
of official Village business.
An establishment maintained by the Village primarily for the storage,
servicing, security and processing of records which must be preserved for
varying periods of time and need not be retained in office equipment or space.
The planning, controlling, directing, organizing, training, promotion
and other managerial use and records disposition, including records preservation,
records disposal and records centers or other storage facilities.
Making information in records available to any Village agency for
official use or to the public.
