[HISTORY: Adopted by the Town Board of the Town of Milo as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-20-1989 (Ch.
39, Art. I, of the 1997 Code)]
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.
[1]
Editor's Note: Schedule MU-1 is on file in the Town offices.
[Adopted 10-27-1997 by L.L. No. 2-1997 (Ch. 39, Art. II, of the 1997 Code)]
A.
The
people's right to know the process of governmental decision making
and to review 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 or confidentiality.
B.
These
regulations provide information concerning the procedures by which
records may be obtained.
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 § 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 intraagency materials which are not:
(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.
A.
The
Town Board of the Town of Milo is responsible for ensuring compliance
with the regulations herein and designates the Town Clerk as records
access officer.
B.
The
records access officer is responsible for ensuring appropriate agency
response to public requests for access to records. The designation
of 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. The records access
officer shall ensure that personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist the requester in identifying requested records, if necessary.
(4)
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 39-10.
(5)
Upon request, certify that a record is a true copy.
[Amended 7-19-1999]
The records may be obtained from the Town Clerk of the Town
of Milo or other Town officer as may be designated from time to time
by resolution of the Town Board.
[Amended 7-19-1999]
The records of the Town of Milo that are subject to public inspection,
and are not excluded from public inspection pursuant to Subdivision
2 or § 87 of the Public Officers Law, shall be available
for inspection at the office of the Town Clerk of the Town of Milo,
140 Main Street, Penn Yan, New York, during the hours of 9:00 a.m.
to 4:00 p.m. on the following days of the week: Monday, Tuesday, Wednesday,
Thursday and Friday.
A.
A
written request is required.
B.
A
response shall be given regarding 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 requested documents do not fall within the category of municipal
documents that are not available for public inspection and copying,
the requested copies shall be provided within 10 days of receipt by
the Town Clerk of the written request and payment. Should the Town
Clerk determine that the documents requested are not available for
public inspection and copying pursuant to Subdivision 2 of § 87
of the Public Officers Law, the applicant shall be notified in writing
within 10 days from when the request for such documents was delivered
to the Town Clerk.
[Amended 7-19-1999]
A.
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.
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.
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 hear appeals.
B.
If requested records are not provided promptly as required in § 90-7D of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear appeals from denial
of access to records under the Freedom of Information Law: the Town
Board of the Town of Milo.
D.
The time for deciding an appeal by the individual or body designated
to hear appeals shall commence upon receipt of written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the request for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 90-7D.
(5)
The name and return address of the requester.
E.
The individual or body designated to hear appeals shall inform the
requester of its decision in writing within 10 business days of receipt
of an appeal.
F.
The person or body designated to hear appeals shall transmit to the
Committee on Open Government copies of all appeals upon receipt of
appeals. Such copies shall be addressed to the Committee on Open Government,
Department of State, 162 Washington Avenue, Albany, New York 12231.
G.
The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 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.
B.
Copies of records shall be provided according to the following fee
schedule:
(1)
The fees for copies of such requested records shall be $0.25 per
photocopy, which fee shall be paid in advance at the time the party
requesting the copies submits a written request for the particular
documents.
[Amended 7-19-1999]
(2)
The fee for copies of records other than photocopies which are nine
inches by 14 inches or less shall be the actual copying cost, excluding
fixed agency costs such as salaries.
A notice containing the title or name and business address of
the records access officer 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.
