[HISTORY: Adopted by the Town Board of the Town of Webb as
indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known as the "Public Access to Records
Policy Local Law."
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.
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.
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 for the Town of Webb is responsible for insuring compliance
with the regulations herein and designates the following person as
its records access officer:
Town Clerk
P.O. Box 157
3140 State Route 28
Old Forge, New York 13420
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B.
The records access officer is responsible for insuring appropriate
agency response to public requests for access to records. The designation
of a 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.
C.
The records access officer shall insure that agency personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist persons seeking records to identify the records sought, if
necessary, and, when appropriate, indicate the manner in which the
records are filed, retrieved or generated to assist persons in reasonably
describing records.
(3)
Contact persons seeking records when a request is voluminous or when
locating the records involves substantial effort, so that personnel
may ascertain the nature of records of primary interest and attempt
to reasonably reduce the volume of records.
(6)
Upon request, certify that a record is a true copy.
Records shall be available for public inspection and copying
at:
Town Clerk's Office
P.O. Box 157
3140 State Route 28
Old Forge, New York 13420
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Requests for public access to records shall be accepted and
records produced during all hours regularly open for business. These
hours are 9:00 a.m. to 4:00 p.m., Monday through Friday.
A.
A written request may be required, but oral requests may be accepted
when records are readily available.
B.
If records are maintained on the internet, the requester shall be
informed that the records are accessible via the internet and in printed
form, either on paper or other information storage medium.
C.
A response shall be given within five business days of receipt of
a request by:
(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 after the date of the acknowledgment,
or if it is known that circumstances prevent disclosure within 20
business days from the date of such acknowledgment, providing a statement
in writing indicating the reason for 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 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.
D.
In determining a reasonable time for granting or denying a request
under the circumstances of a request, personnel shall consider the
volume of a request, the ease or difficulty in locating, retrieving
or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed,
the number of requests received by the agency, and similar factors
that bear on the ability to grant access to records promptly and within
a reasonable time.
E.
A failure to comply with the time limitations described herein shall
constitute a denial of a request that may be appealed. Such failure
shall include situations in which an officer or employee:
(1)
Fails to grant access to the records sought, deny access in writing
or acknowledge the receipt of a request within five business days
of the receipt of a request;
(2)
Acknowledges the receipt of a request within five business days but
fails to furnish an approximate date when the request will be granted
or denied in whole or in part;
(3)
Furnishes an acknowledgment of the receipt of a request within five
business days with an approximate date for granting or denying access
in whole or in part that is unreasonable under the circumstances of
the request;
(4)
Fails to respond to a request within a reasonable time after the
approximate date given or within 20 business days after the date of
the acknowledgment of the receipt of a request;
(5)
Determines to grant a request in whole or in part within 20 business
days of the acknowledgment of the receipt of a request, but fails
to do so, unless the agency provides the reason for its inability
to do so in writing and a date certain within which the request will
be granted in whole or in part;
(6)
Does not grant a request in whole or in part within 20 business days
of the acknowledgment of the receipt of a request and fails to provide
the reason in writing explaining the inability to do so and a date
certain by which the request will be granted in whole or in part;
or
(7)
Responds to a request, stating that more than 20 business days is
needed to grant or deny the request in whole or in part and provides
a date certain within which that will be accomplished, but such date
is unreasonable under the circumstances of the request.
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 annually. 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 shall advise the requester of the right to appeal to
the Town Board, setting forth its address and phone number of the
Town Supervisor.
B.
If requested records are not provided promptly, as required in § 140-6 of this article, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall determine appeals regarding
denial of access to records under the Freedom of Information Law:
Town of Webb Town Board
P.O. Box 157
3140 State Route 28
Old Forge, New York 13420
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D.
Any person denied access to records may appeal within 30 days of
a denial.
E.
The time for deciding an appeal by the Town Board shall commence
upon receipt of a written appeal identifying:
F.
A failure to determine an appeal within 10 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.
G.
The Town Board 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
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, New York 12231
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H.
The Town Board 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 G of this section.
B.
Copies may be provided without charging a fee.
C.
Fees for copies may be charged, provided that:
(1)
The fee for copying records shall not exceed $0.25 per page for photocopies
not exceeding nine inches by 14 inches;
(2)
The fee for photocopies of records in excess of nine inches by 14
inches shall not exceed the actual cost of reproduction; or
(3)
An agency has the authority to redact portions of a paper record
and does so prior to disclosure of the record by making a photocopy
from which the property redactions are made.
D.
The fee the Town may charge for a copy of any other record is based
on the actual cost of reproduction and may include only the following:
(1)
An amount equal to the hourly salary attributed to the lowest paid
employee who has the necessary skill required to prepare a copy of
the requested record, but only when more than two hours of the employee's
time is necessary to do so; and
(2)
The actual cost of the storage devices or media provided to the person
making the request in complying with such request; and
(3)
The actual cost to the agency of engaging an outside professional
service to prepare a copy of a record, but only when the Town's
information technology equipment is inadequate to prepare a copy,
and if such service is used to prepare the copy.
E.
When the Town has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from nonelectronic records, the Town shall be required to retrieve or extract such record or data electronically. In such case, the agency may charge a fee in accordance with Subsection D(1) and (2) above.
F.
The records access officer shall inform a person requesting a record
of the estimated cost of preparing a copy of the record if more than
two hours of the Town's employee's time is needed, or if
it is necessary to retain an outside professional service to prepare
a copy of the record.
G.
The Town may require that the fee for copying or reproducing a record
be paid in advance of the preparation of such copy.
H.
The records access officer may waive a fee in whole or in part when
making copies of records available.
A notice containing the title or name and business address of
the records access officers 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.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known as the "Records Retention and Disposition
Local Law."
There shall be a records management program established under
the aegis of the Town Board and headed by a records management officer
(RMO) or his/her designee. The officer will be responsible for administering
the noncurrent and archival public records and storage areas for the
Town of Webb in accordance with local, state and federal laws and
guidelines.
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 Town
of Webb. The records management officer shall:
A.
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 archival material,
as follows:
(1)
Obsolete and unnecessary records according to New York State records
retention and disposition schedules thereby subject to the 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.
Establish guidelines for proper records management in any department
or agency of the Town of Webb in accordance with local, state and
federal laws and guidelines.
C.
Report annually to the Town of Webb Supervisor and the Town Board
on the powers and duties herein mentioned, including but not limited
to the cost/benefit ratio of programs effectuated by the department.
D.
Operate a records management center for the storage, processing and
servicing of all noncurrent and archival records for all Town of Webb
departments and agencies.
E.
Establish a Town of Webb archives and perform the following functions:
(1)
Advise and assist Town of Webb departments in reviewing and selecting
material to be transferred to the Town of Webb 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 Town of Webb offices.
(7)
Collect archival materials which are not official Town of Webb records
but which have associational value to the Town of Webb or a close
relationship to the existing archival collection. Such collecting
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 local officials and interested citizens as appointed
by the Town Board. 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
to propose changes and improvements.
C.
To review retention periods proposed by the records management officer
for records not covered by 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.
Each Town of Webb 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 records management officer, 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 records management officer 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 Town Attorney may take steps to recover local government
records which have been alienated from proper custody and may, when
necessary, institute action of replevin.
No records shall be destroyed or otherwise disposed of by a
department of the Town of Webb 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
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
characteristic, made or received pursuant to law or ordinance or in
connection with the transaction of official Town of Webb business.
An establishment maintained by the Town of Webb 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 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 Town of Webb
agency for official use or to the public.