[HISTORY: Adopted by the Town Board of the
Town of Conesus as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-15-1997 by L.L. No. 2-1997]
"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 Town officers
in disposing of Town government records listed therein.
In accordance with Article 57-A:
A.Â
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; and
B.Â
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.
The Records Management Program shall consist
of the following sections:
I.
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Mission Statement
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II.
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Program Objectives
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III.
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Administrative Elements
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IV.
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Records Management Officer - appointment and
responsibilities
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V.
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Records Advisory Board - appointments and responsibilities
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VI.
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Definition of "Records"
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VII.
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Program Amendment Procedures
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I.
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MISSION STATEMENT
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  Records and the information they
contain are essential to the operation of local government. The sound
management of records is an important responsibility of local government
officials. Therefore, the Town of Conesus has established a Records
Management Program for the purpose of systematic creation, organization,
maintenance, use and periodic legal disposition of Town records. The
program shall serve and support all official agencies, departments
or organizations within all geographical areas of the Town of Conesus
and shall provide and promote use and research of all available records
(except those which are considered "sealed" or otherwise prohibited
for use by the public) to any individual or group for research purposes.
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II.
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PROGRAM OBJECTIVES
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A.
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To facilitate the creation of usable records
containing accurate and complete information.
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B.
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To save the taxpayers money through efficient
administration of information resources.
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C.
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To prevent the creation of unnecessary records.
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D.
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To make records readily available when needed,
thereby minimizing time spent in seeking information.
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E.
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To insure the systematic legal disposition of
records that have outlived their usefulness.
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F.
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To identify, preserve and encourage use of archival
records.
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III.
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ADMINISTRATIVE ELEMENTS
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  The Town of Conesus shall actively
and continually support and promote the Records Management Program
by:
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A.
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Establishing a line item in the Town budget
to provide financial support which may be supplemented by grants or
any outside funding to carry out the program's objectives.
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B.
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Providing adequate facilities and supplies to
collect, maintain, preserve and protect records.
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C.
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Providing sufficient, trained staff to oversee
the functions of appraisal, arrangement and description, preservation,
reference services and public programs.
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D.
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Filling any vacancies in staff positions.
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IV.
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RECORDS MANAGEMENT OFFICER
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  The Conesus Town Clerk (or his or
her designee) shall be the Records Management Officer (RMO), having
the following responsibilities:
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A.
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Set up and oversee an adequate, well-maintained
storage area for all inactive and archival Town records.
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B.
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Coordinate legal destruction of obsolete records
after such records meet conditions of Records Retention and Disposition
Schedule MU-1.
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C.
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Develop retention periods for any Town records
not covered under the schedules; review these with the Records Advisory
Board and submit them for approval by the State Archives before physical
disposal.
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D.
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Submit to the Town Board for approval any requests
for supplies, materials or capital improvements needed for maintenance
and proper storage of records.
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E.
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Consult, as necessary, with the State Archives
and other state agencies involved in supervision of records.
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F.
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Meet at least once yearly with the Records Advisory
Board to help prepare an annual report on the program.
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NOTE: The Town Clerk may appoint another individual
as the Acting RMO, if needed, to work on any special activities or
projects, such as grants.
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V.
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RECORDS ADVISORY BOARD
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  A Records Advisory Board shall be
created and shall consist of the Town Supervisor, Records Management
Officer, Town Historian and one member of the Conesus Town Board.
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  The Advisory Board shall have an
initial planning meeting to review the program objectives. The continued
responsibilities of the Board are as follows:
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A.
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Provide assistance to the RHO.
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B.
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Provide advice on appraisal of inactive and
archival records.
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C.
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Review all requests for legal disposition of
records and provide final approval before actual disposition takes
place.
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NOTE: The Town Historian shall have the option
of retaining any obsolete records for historical purposes and any
such records retained will be noted on a transfer form.
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D.
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Periodically meet to assess the status of the
program.
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E.
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Prepare an annual report to the Town Board regarding
the progress of the program and any special concerns, changes or improvements
which need to be addressed
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VI.
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DEFINITION OF RECORDS
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  Records are defined as any book,
paper, map, photograph, microphotograph or any other information storage
device, regardless of physical form or characteristics, which is the
property to the state or any state agency, department, division, board,
bureau, commission, county, city, town, village, district or any subdivision
thereof by whatever name designated in or on which any entry has been
made or is required to be made by law, or which any officer or employee
of any said bodies has received or is required to receive for filing.
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  Active records are those that need
to be filed for easy retrieval and frequent use.
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  Inactive records are those that
have served the immediate purpose of their creation and are no longer
needed frequently.
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  Vital records are those that are
essential to the continuing operation of local government. These records
would be required to resume and continue the operations of the government
after a major disaster (such as fire or flood) to protect the legal
and financial interests of the government and to preserve the rights
of the people.
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  Obsolete records are those that
are older than the legal minimum retention period indicated on Records
Retention and Disposition Schedules and are no longer needed for administrative,
fiscal, legal or other purposes.
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  Archival records are those that
are worthy of permanent preservation and special administration because
of the importance of the information they contain for continuing administrative,
legal or fiscal purposes, or for historical or other research.
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VII.
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PROGRAM AMENDMENT PROCEDURES
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  Any amendments, changes or corrections
to the Records Management Program must be reviewed and approved by
the Records Advisory Board and submitted for approval by the Conesus
Town Board.
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[Adopted 10-28-2014]
A.Â
The people's right to know the process of government decision-making
and the documents and statistics leading to determinations is basic
to our society. Access to such information should not be thwarted
by shrouding it with the cloak of secrecy of confidentiality.
B.Â
These regulations provide information concerning the procedures by
which records may be obtained.
C.Â
Personnel shall furnish to the public the information and records
required by the Freedom of Information Law, as well as records otherwise
available by law.
D.Â
Any conflicts among laws governing public access to records shall
be construed in favor of the widest possible availability of public
records.
A.Â
The Town Board of the Town of Conesus is responsible for insuring
compliance with the regulations herein, and designates the following
person(s) as Records Access Officer(s):
Town Clerk
6210 South Livonia Road
PO Box 188
Conesus, NY 14435
twnclrk@rochester.rr.com
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B.Â
The Records Access Officer is responsible for insuring appropriate
agency response to public requests for access to records. The designation
of a Records Access Officer 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.
C.Â
The Records Access Officer shall insure that agency personnel:
(1)Â
Maintain an up-to-date subject matter list.
(2)Â
Assist persons seeking records to identify the records sought, if
necessary, and, when appropriate, indicate the manner in which the
records are filed, retrieved or generated to assist persons in reasonably
describing records.
(3)Â
Contact persons seeking records when a request is voluminous or when
locating the records involves substantial effort, so that personnel
may ascertain the nature of records of primary interest and attempt
to reasonably reduce the volume of records requested.
(6)Â
Upon request, certify that a record is a true copy; and
Records shall be available for public inspection and copying
at:
Conesus Town Hall, 6210 South Livonia Road, Conesus, NY 14435
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Requests for public access to records shall be accepted and
records produced during all hours regularly open for business. These
hours are: Monday through Thursday, 9:30 a.m. to 3:30 p.m.
A.Â
A written request may be required, but oral requests may be accepted
when records are readily available.
B.Â
If records are maintained on the internet, the requester shall be
informed that the records are accessible via the internet and in printed
form either on paper or other information storage medium.
C.Â
A response shall be given within five business days of receipt of
a request by:
(1)Â
Informing a person requesting records that the request or portion
of the request does not reasonably describe the records sought, including
direction, to the extent possible, that would enable that person to
request records reasonably described;
(2)Â
Granting or denying access to records in whole or in part;
(3)Â
Acknowledging the receipt of a request in writing, including an approximate
date when the request will be granted or denied in whole or in part,
which shall be reasonable under the circumstances of the request and
shall not be more than 20 business days after the date of the acknowledgment,
or if it is known that circumstances prevent disclosure within 20
business days from the date of such acknowledgment, providing a statement
in writing indicating the reason for inability to grant the request
within that time and a date certain, within a reasonable period under
the circumstances of the request, when the request will be granted
in whole or in part; or
(4)Â
If the receipt of request was acknowledged in writing and included
an approximate date when the request would be granted in whole or
in part within 20 business days of such acknowledgment, but circumstances
prevent disclosure within that time, providing a statement in writing
within 20 business days of such acknowledgment specifying the reason
for the inability to do so and a date certain, within a reasonable
period under the circumstances of the request, when the request will
be granted in whole or in part.
D.Â
In determining a reasonable time for granting or denying a request
under the circumstances of a request, personnel shall consider the
volume of a request, the ease or difficulty in locating, retrieving
or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed,
the number of requests received by the agency, and similar factors
that bear on the ability to grant access to records promptly and within
a reasonable time.
E.Â
A failure to comply with the time limitations described herein shall
constitute a denial of a request that may be appealed. Such failure
shall include situations in which an officer or employee:
(1)Â
Fails to grant access to the records sought, deny access in writing
or acknowledge the receipt of a request within five business days
of the receipt of a request;
(2)Â
Acknowledges the receipt of a request within five business days but
fails to furnish an approximate date when the request will be granted
or denied in whole or in part;
(3)Â
Furnishes an acknowledgment of the receipt of a request within five
business days with an approximate date for granting or denying access
in whole or in part that is unreasonable under the circumstances of
the request;
(4)Â
Fails to respond to a request within a reasonable time after the
approximate date given or within 20 business days after the date of
the acknowledgment of the receipt of a request;
(5)Â
Determines to grant a request in whole or in part within 20 business
days of the acknowledgment of the receipt of a request, but fails
to do so, unless the agency provides the reason for its inability
to do so in writing and a date certain within which the request will
be granted in whole or in part;
(6)Â
Does not grant a request in whole or in part within 20 business days
of the acknowledgment of the receipt of a request and fails to provide
the reason in writing explaining the inability to do so and a date
certain by which the request will be granted in whole or in part;
or
(7)Â
Responds to a request, stating that more than 20 business days is
needed to grant or deny the request in whole or in part and provides
a date certain within which that will be accomplished, but such date
is unreasonable under the circumstances of the request.
A.Â
The Records Access Officer shall maintain a reasonably detailed current
list by subject matter of all records in its possession, whether or
not records are available pursuant to Subdivision 2 of § 87
of the Public Officers Law.
B.Â
The subject matter list shall be sufficiently detailed to permit
identification of the category of the record sought.
C.Â
The subject matter list shall be updated annually. The most recent
update shall appear on the first page of the subject matter list.
A.Â
Denial of access to records shall be in writing stating the reason
therefor and advising the requester of the right to appeal to the
individual or body established to determine appeals, which shall be
identified by name, title, business address and business phone number.
B.Â
If requested records are not provided promptly, as required in § 34-8 of these regulations, such failure shall also be deemed a denial of access.
C.Â
The following person or persons or body shall determine appeals regarding
denial of access to records under the Freedom of Information Law:
Conesus Town Board
PO Box 188
6210 South Livonia Road
Conesus, NY 14435
Phone: 585-346-3130
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D.Â
Any person denied access to records may appeal within 30 days of
a denial.
E.Â
The time for deciding an appeal by the individual or body designated
to determine appeals shall commence upon receipt of a written appeal
identifying:
F.Â
A failure to determine an appeal within 10 business days of its receipt
by granting access to the records sought or fully explaining the reasons
for further denial in writing shall constitute a denial of the appeal.
G.Â
The person or body designated to determine appeals shall transmit
to the Committee on Open Government copies of all appeals upon receipt
of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231
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H.Â
The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination, in writing, within ten 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 Subsection F of this section.
B.Â
Copies may be provided without charging a fee.
C.Â
Fees for copies may be charged, provided that:
(1)Â
The fee for copying records shall not exceed $0.25 per page for photocopies
not exceeding nine inches by 14 inches. This section shall not be
construed to mandate the raising of fees where agencies or municipalities
in the past have charged less that $0.25 for such copies;
(2)Â
The fee for photocopies of records in excess of nine inches by 14
inches shall not exceed the actual cost of reproduction; or
(3)Â
An agency has the authority to redact portions of a paper record
and does so prior to disclosure of the record by making a photocopy
from which the proper redactions are made.
D.Â
The fee an agency may charge for a copy of any other record is based
on the actual cost of reproduction and may include only the following:
(1)Â
An amount equal to the hourly salary attributed to the lowest paid
employee who has the necessary skill required to prepare a copy of
the requested record, but only when more than two hours of the employee's
time is necessary to do so; and
(2)Â
The actual cost of the storage devices or media provided to the person
making the request in complying with such request; or
(3)Â
The actual cost to the agency of engaging an outside professional
service to prepare a copy of a record, but only when an agency's
information technology equipment is inadequate to prepare a copy,
and if such service is used to prepare the copy.
E.Â
When an agency has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from nonelectronic records, the agency shall be required to retrieve or extract such record or data electronically. In such case, the agency may charge a fee in accordance with Subsection D(1) and (2) above.
F.Â
An agency shall inform a person requesting a record of the estimated
cost of preparing a copy of the record if more than two hours of an
agency employee's time is needed, or if it is necessary to retain
an outside professional service to prepare a copy of the record.
G.Â
An agency may require that the fee for copying or reproducing a record
be paid in advance of the preparation of such copy.
H.Â
An agency may waive a fee in whole or in part when making copies
of records available.
A notice containing the title or name and business address of
the Records Access Officers and appeals person or body and the location
where records can be seen or copied shall be posted in a conspicuous
location wherever records are kept and/or published in a local newspaper
of general circulation.