Town of Waterford, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Waterford: Art. I, 8-5-1975; Art. II, 2-1-1996. Sections 122-3B and 122-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 8-5-1975]
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 or confidentiality. This article provides information concerning the procedures by which records may be obtained. Personnel shall furnish to the public the information and records required by the Freedom of Information Law[1] and those which were furnished to the public prior to its enactment. Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
A. 
The Supervisor of the town is responsible for ensuring compliance with these regulations and designates the following persons as records access officers: Town Clerk, Town Hall, 65 Broad Street, Waterford, New York.
B. 
Records access officers are responsible for ensuring appropriate agency response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been properly and duly authorized to make records or information available.
C. 
Records access officers shall assure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying specific requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions in accordance with § 122-6B:
(a) 
Make records available for inspection.
(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:
(a) 
Make a copy available upon payment of established fees, if any, in accordance with § 122-8; or
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a transcript is a true copy of records copied.
(6) 
Upon failure to locate records, certify that.
(a) 
The town is not the legal custodian for such records; or
(b) 
The records of which the town is a legal custodian, after diligent search, cannot be found.
A. 
The Town Supervisor, Town Hall, 65 Broad Street, Waterford, New York, is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 122-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency required by law to be revealed.
B. 
The fiscal officer shall make the payroll items listed above available to any person, including bona fide members of the news media, as required.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Records shall be available for public inspection and copying at Town Hall, 65 Broad Street, Waterford, New York, or at the location where they are kept.
The Town of Waterford does not have daily regular business hours. The following procedures for making an appointment to inspect and copy records are therefore established: A person desiring an appointment shall contact the Town Clerk on Monday, Wednesday or Friday between 10:00 a.m. and 12:00 noon or on Wednesday evening between 6:30 p.m. and 8:30 p.m. For the purpose of making an appointment, please contact the Town Clerk, 65 Broad Street, Waterford, New York 12188, telephone: 235-8282.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Where a request for records is required, such request shall be in writing, except that written requests shall not be required for records that have been previously customarily available without written request.
B. 
Response to request.
(1) 
Except under extraordinary or unusual circumstances, officials shall respond to a proper request for records no more than five business days after receipt of the request.
(2) 
If, because of extraordinary or unusual circumstances, more than five business days are required to respond to a proper request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall indicate a reason for delay and estimate a date when a reply will be made.
C. 
Contents of request.
(1) 
A request for access to records must be sufficiently specific and detailed to identify the records. Where possible, the requester shall supply information regarding dates, document types, titles, file designations and other information which may help identify the records.
(2) 
However, a written, specific request for any or all records falling within a specific category conforms to the standard that records shall be identifiable, so long as the request is adequately detailed with appropriate information of the type mentioned in Subsection C(1) above.
D. 
Subject matter list.
(1) 
A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974, shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the records sought.
(2) 
The subject matter list shall be updated periodically, and the date of the most recent updating should appear on the first page. The updating of the subject matter list shall ordinarily not be less than semiannual.
E. 
No records may be removed by the requester from the office where the record is located without the permission of the Town Supervisor, which permission must be in writing and may be given only upon written request for removal which must specify the reason removal is requested. Grant of such permission shall be discretionary.
A. 
Denial of access to records shall be in writing and shall state the reason therefor and advise the requester of the right to appeal to the individual or body established to hear appeals.
B. 
If requested records are not provided as required in § 122-6B of this article, such failure shall also be deemed a denial of access.
C. 
The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law:[1] Town Board, Town Hall, 65 Broad Street, Waterford, New York.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
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 requests for records.
(3) 
The specific records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or was by failure to provide records as required by § 122-6B.
(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 seven business days of receipt of an appeal.
F. 
A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
A. 
The fee for photocopies not exceeding 8 1/2 inches by 14 inches is $0.25 per page.
B. 
The fee for copies of records other than photocopies which are 8 1/2 inches by 14 inches or less in size shall be the actual copying cost, excluding fixed agency costs such as salaries.
A notice containing the job title or name and business address of the records access officers and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons 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.
[Adopted 2-1-1996]
The RMO or the RMO's designee shall be responsible for the records management program established by this article and subsequent amendments thereto. Said office will be responsible for administering the noncurrent (inactive) and archival, public records for the Town of Waterford in accordance with local, state and federal laws and guidelines. Said officer shall also be responsible for overseeing micrographic and technology projects involving the Town of Waterford records according to quality control specifications and guidelines.
A. 
The Records Management Officer or the RMO's designee shall have all the necessary powers to carry out the efficient administration of records and 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 Town of Waterford.
B. 
The Records Management Officer or the RMO's designee shall establish guidelines for proper records management in any department or agency of the Town of Waterford in accordance with local, state and federal laws, regulations and guidelines.
C. 
The Records Management Office or the RMO's designee shall report annually to the Town Board on the powers and duties mentioned, including but not limited to the cost/benefit ratio and efficiencies and administrative economies of programs implemented by the Records Management Officer or the RMO's designee.
The Records Management Officer shall 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 or the RMO's designee.
A. 
The Records Management Officer or the designee shall be the sole officer with authority over the disposition of local government records in consultation with the respective local government officer or department head who has custody of the records of his/her respective office or department and with the local Records Advisory Board.
B. 
Records shall be transferred to the Town of Waterford archives upon the recommendation of the RMO, 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 in or in the future defunct shall pass to the legal custody of the Town of Waterford archives.
The Town of Waterford counsel, in consultation with the RMO, 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 Town Board of the Town of Waterford shall appoint a Records Advisory Board of five to seven members, based on recommendations by the Records Management Officer. The Records Advisory Board shall be composed of the RMO, the Town Historian, the Historian for the Village of Waterford, the Waterford Village Clerk and a citizen from the community. One member of the Town Board of the Town of Waterford shall serve as an ex officio member of the Records Advisory Board. The Records Management Officer shall serve as Chairperson.
B. 
The function of the Records Advisory Board shall be to advise and make suggestions to the Records Management Officer or designee on future improvements of the Town of Waterford records management program. The Board shall meet at least twice a year.
C. 
The Records Management Officer or the RMO's designee shall call all the meetings of the Records Advisory Board, presenting progress reports of the program to the Board, reviewing local government records management and archives policies with the Records Advisory Board and examining recommendations offered by the Records Advisory Board.