[HISTORY: Adopted by the Common Council of the City of Rensselaer
as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
Record of ordinances — See § 84.
[Adopted 12-19-1990 by L.L. No. 6-1990]
The purpose of these regulations is to set forth the methods
and procedures governing the availability, location and nature of
those records of the City of Rensselaer subject to the provisions
of Article 6 of the Public Officers Law, known as the "Freedom of
Information Law."
For the purposes of these regulations, any information kept,
held, filed, produced or reproduced by, with or for the City of Rensselaer,
in any physical form whatsoever, including but not limited to reports,
statements, examinations, memoranda, opinions, folders, files, books,
manuals, pamphlets, forms, papers, designs, drawings, maps, photos,
letters, microfilms, computer tapes or discs, rules, regulations or
codes, shall be subject to disclosure in accordance with the provisions
herein.
A.
The City Clerk of the City of Rensselaer shall be the custodian of
the City records and, as such, is hereby declared to be the records
access officer (referred to as the "RAO").
B.
Procedure for obtaining records.
(1)
Any person wishing to inspect and/or obtain a copy of any such record
may make application to the records access officer. Such application
shall be in writing on a form to be prescribed by the records access
officer. Blank forms may be obtained from the records access officer
either personally or by mail addressed to the City Hall. Completed
forms may be submitted to the records access officer either personally
at such office between the hours of 9:00 a.m. and 4:00 p.m. or by
mail addressed to such office or to such other office as the records
access officer may specify on the application form.
(2)
Upon receipt of such application, in the proper form and at the appropriate
time, the records access officer shall search for the record requested.
The records access officer shall, within five business days of the
receipt of a written request for a record reasonably described, make
such record available to the person requesting it, deny such request
in writing or furnish a written acknowledgment of the receipt of such
request and a statement of the approximate date when such request
will be granted or denied.
(3)
Upon payment of or offer to pay the fee prescribed therefor, the
records access officer shall provide a copy of such record and certify
to the correctness of such copy or shall certify that he does not
have possession of such record or that such record cannot be found
after a diligent search. The records access officer may, in his discretion,
waive compliance with any formality prescribed by this section, including
the use of application forms prescribed by the records access officer.
A.
On behalf of the City of Rensselaer, the records access officer shall
maintain and make available for inspection and copying at the City
Hall a current list, reasonably detailed by subject matter, of the
types of records produced, filed or first kept in the City of Rensselaer
on and after the effective date herein. Such list shall be in conformity
with such regulations as may be promulgated by the Committee on Open
Records. Any person desiring a copy of such list may request a copy
thereof personally or by mail and one shall be supplied to him.
B.
Every board, office, council or commission heretofore or hereafter
established by the Common Council shall maintain and make available
for public inspection a record of the final votes of each member in
every proceeding in which he votes.
C.
The City Treasurer shall maintain a record setting forth the name,
public office address, title and salary of every officer or employee
of the City of Rensselaer. This record shall be made available for
public inspection and copying by the records access officer.
The fee for photocopies of records shall be $0.25 per page not
exceeding nine inches by 14 inches in size. The fees for other types
of copies or transcripts and for certificates shall be such reasonable
amounts as the records access officer shall establish. The fees charged
by the records access officer for records shall not exceed the actual
cost of reproducing such record, except when a different fee is otherwise
prescribed by law.
A.
In accordance with the provisions of the Public Officers Law and
in conformity with such guidelines as may be promulgated by the Committee
on Open Records regarding the prevention of unwarranted invasions
of personal privacy, the records access officer may delete from any
record identifying details the disclosure of which would result in
an unwarranted invasion of personal privacy prior to making such record
available for inspection and/or copying. An unwarranted invasion of
personal privacy includes, but shall not be limited to, the following:
(1)
Disclosure of such personal matters as may have been reported in
confidence to any agency or municipality and which are not relevant
or essential to the ordinary work of the agency or municipality.
(2)
Disclosure of employment, medical or credit histories or personal
references of applicants for employment, except that such records
may be disclosed when the applicant has provided a written release
permitting such disclosure.
(3)
Disclosure of items involving the medical or personal records of
a client or patient in a hospital or medical facility.
(4)
The sale or release of lists of names and addresses in the possession
of any agency or municipality if such lists would be used for commercial
or fund-raising purposes.
(5)
Disclosure of items of a personal nature when disclosure would result
in economic or personal hardship to the subject party and such records
are not relevant or essential to the ordinary work of the agency or
municipality.
B.
In the event that the record is such that personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in § 51-7 of this article.
C.
Unless otherwise provided in this article, disclosure shall not be
construed to constitute an unwarranted invasion of personal privacy:
A.
The records access officer shall make available for public inspection
and copying all records, except that the records access officer may
deny access to records or portions thereof that:
(1)
Are specifically exempted from disclosure by state or federal statute.
(2)
If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of § 51-6.
(3)
If disclosed, would impair present or imminent contract awards or
collective-bargaining negotiations.
(4)
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)
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.
(d)
Reveal criminal investigative techniques or procedures, except
routine techniques or procedures.
(6)
If disclosed, would endanger the life or safety of any person.
(8)
Are examination questions or answers which are requested prior to
the final administration of such questions.
B.
If the records access officer determines that an application to inspect and/or copy records pertains to information not exempt from disclosure under Subsection A hereof, he shall grant the application unless he determines that to do so would adversely affect the public interest. If the records access officer determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure in accordance with Subsection A hereof, he shall deny such application. In denying any application to inspect and/or copy records, the records access officer shall indicate his reason for such denial and shall advise the applicant of his right to appeal such denial to the Common Council.
Any person whose application to inspect and/or copy records has been denied pursuant to § 51-7 of this article may appeal such denial to the Common Council. Such appeal must be in writing and must set forth the name and address of the applicant, the specific records requested, the date of the denial and the reasons given for such denial. Within 30 days of such denial, the Common Council shall, upon receipt of a written appeal, immediately review the matter and affirm, modify or reverse the denial. If the Common Council affirms or modifies the denial, it shall, within seven days of receipt of the appeal:
A.
Communicate its reasons for such affirmation or modification to the
person making the appeal.
B.
Inform such person of his right to appeal such affirmation or modification
under Article 78 of the Civil Practice Law and Rules.
C.
Forward to the Committee on Open Government a copy of such appeal
and the determination thereon.
[Adopted 1-18-1995; amended in its entirety 1-25-1995]
The City Clerk is hereby designated the Records Management Officer
pursuant to § 57.19 of the Arts and Cultural Affairs Law,
and the Mayor shall appoint any consultants and/or records management
specialists and/or assistants to assist the Records Management Officer
in the performance of his/her duties. The City Clerk shall receive
no additional enumeration for acting as Records Management Officer.
The Records Management Officer shall be responsible for the records
management program established by this article and subsequent amendments
thereto. Said officer, under the direction and supervision of the
Office of the Mayor, shall be responsible for administering the noncurrent
(inactive) and archival public records for the City of Rensselaer
in accordance with local, state and federal laws and guidelines. Said
officer, under the direction and supervision of the Office of the
Mayor, shall also be responsible for overseeing micrographics and
technology projects involving the City of Rensselaer records according
to quality control specifications and guidelines.
A.
The Records Management Officer, under the direction and supervision
of the Office of the Mayor, shall have the necessary powers to carry
out the efficient administration of records, including policies and
procedures development, the determination of value, use, preservation,
storage and disposition of the noncurrent (inactive) and archival
public records kept, filed or received by the offices and departments
of the City of Rensselaer.
B.
The Records Management Officer, under the direction and supervision
of the Office of the Mayor, shall implement established guidelines
for proper records management in any department or agency of the City
of Rensselaer in accordance with local, state and federal laws, regulations
and official policies and procedures.
C.
The Records Management Officer shall report annually to the City
Council on the powers and duties herein mentioned, including, but
not limited to, the cost/benefit ratio and efficiencies and administrative
economies of programs implemented by the Record Management Officer.
The Records Management Officer shall, with the prior approval
of the Office of the Mayor, have at his/her disposal adequate designated
space dedicated specifically for the storage, processing and servicing
of noncurrent (inactive) and archival records for all local government
departments and agencies. The records center will be administered
by the Records Management Officer, under the direction and supervision
of the Office of the Mayor.
A.
The Records Management Officer, under the direction and supervision
of the Office of the Mayor, shall consult with the respective local
government officers or department heads who have custody of the records
of his/her respective office or department and with the local Records
Advisory Board regarding the disposition of local government records.
B.
Records shall be transferred to the City of Rensselaer Archives upon
the recommendation of the Records Management Officer, according to
policies and procedures, with the approval of the head of the department
which has legal custody of the records and the approval of the Records
Advisory Board. Records of local government agencies now or in the
future defunct shall pass to the legal custody of the City of Rensselaer
Archives.
The City of Rensselaer Corporation Counsel, in consultation
with the Records Management Officer, may take steps to recover local
government records which have been alienated from proper custody and
may, when necessary, institute actions of replevin.
A.
The Mayor shall appoint a Records Advisory Board of seven members.
The Records Advisory Board shall be composed of the Records Management
Officer, the Corporation Counsel, the Director of Planning and Development,
the Mayor, the Computer Services Coordinator and one member of the
Rensselaer Historical Society as designated by the Mayor. One member
of the Common Council shall be appointed by the Mayor to serve as
an ex officio member of the Records Advisory Board.
B.
The function of the Records Advisory Board shall be to advise and
make suggestions to the Records Management Officer on future improvements
of the City of Rensselaer Records Management Program. The Records
Advisory Board shall also establish guidelines for proper records
management to be implemented by the Records Management Officer and
oversee the implementation of the Records Management Program. The
Board shall meet at least twice a year.
C.
The Mayor shall call all meetings of the Records Advisory Board,
at which time the Records Management Officer shall present progress
reports of the program to the Board, review local government records
management and archives policies with the Records Advisory Board and
examine and discuss recommendations offered by the Records Advisory
Board.
A.
The City of Rensselaer, adopts the Records Retention and Disposition
Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural
Affairs Law, containing legal minimum retention periods for municipal
government records for use by all municipal officers in disposing
of municipal government records listed therein.
B.
In accordance with Article 57-A:
(1)
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
(2)
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.
