[HISTORY: Adopted by the Town Board of the Town of Kingsbury
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees for copies of records — See Ch. 130.
[Adopted 3-13-1978 (Ch. 24, Art. I, of the 1983 Code)]
A.
The people's right to know the process of government decisionmaking
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.
B.
This article provides information concerning the procedures by which
records may be obtained from an agency as defined by Subdivision 3
of § 86 of the Public Officers Law.
C.
Town 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.
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 shall be responsible for ensuring compliance with
the regulations herein, and designates the Town Clerk as records access
officer, who shall have the duty of coordinating response to public
requests for access to records. The designation of one or more records
access officers 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.
B.
The records access officer is responsible for assuring that Town
personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist the requestor in identifying requested records, if necessary;
contact requestor seeking records when a request is voluminous or
when locating the records involves substantial effort, so that Town
personnel may ascertain the nature of records of primary interest
and attempt to reasonably reduce the volume of records requested.
[Amended 3-20-2006 by L.L. No. 1-2006]
(5)
Upon request, certify that a record is a true copy.
Records shall be available for public inspection and copying
at the Town Clerk's Office.
The records access officer shall accept requests for public
access to records and produce records during all hours he is regularly
open for business.
A.
The Town may require that a request be made in writing or may make
records available upon oral request.
B.
The records access officer shall respond to 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.
A response shall be given within five business days of receipt of
a request by:
[Amended 3-20-2006 by L.L. No. 1-2006]
(1)
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)
Granting or denying access to records in whole or in part;
(3)
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 from the date of such acknowledgment,
providing a statement in writing indicating the reason for the 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)
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 the 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.
E.
A failure to comply with the time limitations described herein shall
constitute a denial or a request that may be appealed.
[Added 3-20-2006 by L.L. No. 1-2006]
A.
The Town 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.
The Town Board shall hear appeals or shall designate a person or
body to hear appeals regarding denial of access to records under the
Freedom of Information Law.
B.
Denial of access shall be in writing, stating the reason therefor
and advising the person denied access of his or her right to appeal
to the person or body established to hear appeals, and that person
or body shall be identified by name, title, business address and business
telephone number. The records access officer shall not be the appeals
officer.
C.
If the records access officer fails to respond to a request within five business days of receipt of a request as required in § 42-5D of this article, such failure shall be deemed a denial of access by the Town.
D.
Any person denied access to records may appeal within 30 days of
a denial.
F.
The records access officer 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, 41 State Street, Albany, New York 12231.
[Amended 3-20-2006 by L.L. No. 1-2006]
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 seven business days of receipt of an appeal.
[Amended 3-20-2006 by L.L. No. 1-2006]
(1)
Failure to determine an appeal within seven 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.
Except when a different fee is otherwise prescribed by law:
B.
The records access officer will charge a fee for copies of records,
provided that:
(1)
The fee for copying records shall not exceed the amount established in Chapter 130, Fees, per page for photocopies not exceeding nine inches by 14 inches.
[Amended 12-28-1983 by L.L. No. 2-1983]
(2)
If the Town cannot photocopy the record, a transcript of the requested
records shall be made upon request. Such transcripts may either be
typed or handwritten. In such cases, the person requesting records
may be charged for the clerical time involved in making the transcript.
The Town Clerk shall publicize by posting in a conspicuous location
and/or by publication in a local newspaper of general circulation:
A.
The location where records shall be made available for inspection
and copying.
B.
The name, title, business address and business telephone number of
the designated records access officer.
C.
The right to appeal by any person denied access to a record and the
name and business address of the person or body to whom an appeal
is to be directed.
[Adopted 12-10-1990 by L.L. No. 7-1990 (Ch. 24, Art. II, of
the 1983 Code)]
A.
There shall be a records management program established under the
aegis of and headed by a records management officer (RMO). The recordkeeping
officer will be the Town Clerk of the Town of Kingsbury unless otherwise
designated. The officer will be responsible for administering the
noncurrent and archival public records and storage areas for the local
government in accordance with local, state and federal laws and guidelines.
B.
There are numerous choices for placement of the records management/archives
program within the local government structure. One option is to name
an existing officer as RMO, such as the County Clerk or the director
of a central services agency. The wording may also include an option
for this officer to appoint a designee.
The officer shall have all the necessary powers to carry out
the efficient administration, determination of value, use, preservation,
storage and disposition of the noncurrent and archival public records
kept, filed or received by the offices and departments of the local
government.
A.
The records management officer shall continually survey and examine
public records to recommend their classification so as to determine
the most suitable methods to be used for the maintaining, storing
and servicing of the following archival material:
(1)
Obsolete and unnecessary records according to New York State Records
Retention and Disposition Schedules thereby subject to disposition.
(2)
Information containing administrative, legal, fiscal, research, historical
or educational value which warrants its permanent retention.
(3)
Records not subject to disposition according to state law.
B.
The officer shall establish guidelines for proper records management
in any department or agency of the local government in accordance
with local, state and federal laws and guidelines.
C.
The officer shall report annually to the chief executive official
and the governing body on the powers and duties herein mentioned,
including but not limited to the cost/benefit ratio of programs effectuated
by the department.
D.
The officer shall operate a records management center for the storage,
processing and servicing of all noncurrent and archival records for
all local government departments and agencies.
E.
The officer shall establish a local government archives and perform
the following functions:
(1)
Advise and assist local government departments in reviewing and selecting
material to be transferred to the local government archives for preservation.
(2)
Continually survey and examine public records to determine the most
suitable methods to be used for the creating, maintaining, storing
and servicing of archival materials.
(3)
Establish and maintain an adequate repository for the proper storage,
conservation, processing and servicing of archival records.
(4)
Promulgate rules governing public access to and use of records in
the archives, subject to the approval of the Records Advisory Board.
(5)
Develop a confidentiality policy for archival records designated
confidential provided that such policy does not conflict with any
federal or state statutes.
(6)
Provide information services to other local government offices.
(7)
Collect archival materials which are not official local government
records but which have associational value to the local government
or a close relationship to the existing archival collection. Such
collection shall be subject to archive space, staff and cost limitations
and to the potential endangerment of such materials if they are not
collected by the archives.
(8)
Develop a procedure whereby historically important records are to
be identified at the point of generation.
There shall be a Records Advisory Board designated to work closely
with and provide advice to the records management officer. The Board
shall consist of the Town Board of the Town of Kingsbury. The Board
shall meet periodically and have the following duties:
A.
To provide advice to the records management officer on the development
of the records management program.
B.
To review the performance of the program on an ongoing basis and
propose changes and improvements.
C.
To review retention periods proposed by the records management officer
for records not covered by the state archives' schedules.
D.
To provide advice on the appraisal of records for archival value
and to be the final sign-off entity as to what is or is not archival.
A.
A local government department is the legal custodian of its records
and shall retain custody of records deposited in the records center.
Records transferred to or acquired by the archives shall be under
the custody and control of the archives rather than the department
which created or held them immediately prior to being transferred
to the archives.
B.
Records shall be transferred to the archives upon the recommendation
of the RMO, with the approval of the head of the department which
has custody of the records and the approval of the Records Advisory
Board.
C.
Records may be permanently removed from the archives at the request
of the RMO or the head of the department which had custody of the
records immediately prior to the transfer of those records to the
archives, subject to the approval of the Records Advisory Board.
The Legal Department may take steps to recover local government
records which have been alienated from proper custody and may, when
necessary, institute actions of replevin.
No records shall be destroyed or otherwise disposed of by a
department of the local government unless approval has been obtained
from the records management officer. No records shall be destroyed
or otherwise disposed of by the records management officer without
the express written consent of the department head having authority.
As used in this article, the following terms shall have the
meanings indicated:
Those official records which have been determined by the
officer and advisory committee to have sufficient historical or other
value to warrant their continued preservation by the local government.
Any documents, books, papers, photographs, sound recordings,
microforms or any other materials, regardless of physical form or
characteristics, made or received pursuant to law or ordinance or
in connection with the transaction of official local government business.
An establishment maintained by the local government primarily
for the storage, servicing, security and processing of records which
must be preserved for varying periods of time and need not be retained
in office equipment or space.
The removal by the local government, in accordance with approved
records control schedules, of records no longer necessary for the
conduct of business by such agency through removal methods which may
include:
The transfer of records from one local government agency to
any other local government agency.
The planning, controlling, directing, organizing, training,
promotion and other managerial use and records disposition, including
records preservation, records disposal and records centers or other
storage facilities.
Making information in records available to any local government
agency for official use or to the public.
