Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
[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)]

§ 90-1 Schedule MU-1. [1]

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)]

§ 90-2 Purpose.

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.
C. 
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.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law.

§ 90-3 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 § 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:
(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.

§ 90-4 Designation of records access officer; responsibilities.

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.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(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.
(6) 
Upon failure to locate records, certify that:
(a) 
The Town of Milo is not the custodian for such records; or
(b) 
The records of which the Town of Milo is custodian cannot be found after diligent search.

§ 90-5 Location of records.

[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.

§ 90-6 Hours for public inspection.

[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.

§ 90-7 Procedure for requests.

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]

§ 90-8 Subject matter list.

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.

§ 90-9 Denial of access; appeals.

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.

§ 90-10 Fees.

A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
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.

§ 90-11 Public notice.

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.