[HISTORY: Adopted by the Town Board of the Town of Southold as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-14-1978]
The words and phrases used in these rules and regulations shall, for
the purpose hereof, have the meanings respectively ascribed to them by Article
6 of the Public Officers Law.[1]
[1]
Editor's Note: Article 6 of the Public Officers Law is the Freedom
of Information Law.
A.
Each Town agency shall, in accordance with these rules,
make available for public inspection and copying all records, except that
such agency may deny access to records or portions thereof that:
(1)
Are specifically exempt from disclosure by state or federal
statute.
(2)
If disclosed, would constitute an unwarranted invasion
of personal privacy under the provisions of Subdivision 2 of § 89
of the Public Officers Law.
(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 and procedures.
(6)
If disclosed, would endanger the life or safety of any
person.
(7)
Are interagency or intra-agency materials which are not:
(8)
Are examination questions or answers which are requested
prior to the final administration of such questions.
(9)
Are computer access codes.
[Added 5-14-1996 by L.L. No. 5-1996]
B.
Each Town agency shall maintain the following:
(1)
A record of the final vote of each member in every agency
proceeding in which the member votes.
(2)
A record setting forth the name, public office address,
title and salary of every officer or employee of the agency.
(3)
A reasonably detailed current list by subject matter
of all records in the possession of the agency, whether or not available under
Article 6 of the Public Officers Law.
A.
The Town Board does hereby designate the Town Clerk as
records access officer who shall have the duty of coordinating agency response
to public requests for access to records. Such designation of the 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.
Each Town agency shall designate the locations where records shall be
available for public inspection and copying.
A.
Each Town agency shall accept requests for public access
to records and produce records during all hours they are regularly open for
business.
B.
In Town agencies which do not have daily regular business
hours, a written procedure shall be established by which a person may arrange
an appointment to inspect and copy records. Such procedure shall include the
name, position, address and phone number of the party to be contacted for
the purpose of making an appointment.
A.
A Town agency may require that a request be made in writing
or may make records available upon oral request.
B.
A Town agency 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.
If the Town agency does not provide or deny access to
the record sought within five business days of receipt of a request, the agency
shall furnish a written acknowledgment of receipt of the request and a statement
of the approximate date when the request will be granted or denied. If access
to records is neither granted nor denied within 10 business days after the
date of acknowledgment of receipt of a request, the request may be construed
as a denial of access that may be appealed.
A.
Each Town agency 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 a Town agency fails to respond to a request within five business days of receipt of a request as required in § 59-6 hereof, such failure shall be deemed a denial of access by the agency.
[Amended 5-14-1996 by L.L. No. 5-1996]
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
The Town Clerk shall transmit to the Committee on Public
Access to Records, copies of all appeals upon receipt of an appeal. Such copies
shall be addressed to the Committee on Public Access to Records, Department
of State, 162 Washington Avenue, Albany, New York 12231.
G.
The Town Board or the person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.
[Amended 5-14-1996 by L.L. No. 5-1996]
Except when a different fee is otherwise prescribed by law:
B.
A Town agency shall charge a fee for copies of records
as follows:
(1)
The fee for copying records shall be $0.25 per page for
photocopies not exceeding nine inches by 14 inches.
(2)
In Town agencies which do not have photocopying equipment,
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.
Each Town agency 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 8-10-1993 by L.L. No. 15-1993]
Records are essential to the administration of local government. They
contain the information that keeps government programs functioning. It is
the intent of this article that a records management program be established
which will assist officials in making decisions, administering programs and
providing administrative continuity with past operations. The program would
be intended to document delivery services, show the legal responsibilities
of government and protect the legal rights of citizens. It will contain information
on taxation and on the management and expenditure of funds. These records
will also document the historical document of government itself, the community
and the people of the Town.
There shall be a records management program established under the aegis
of the Town Clerk and headed by a records management officer. The Town Clerk
is designated as the records management officer and will be responsible for
administering the current and archived public records in storage areas for
the Town in accordance with local, state and federal laws and guidelines.
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
the continued preservation by the Town.
Official files, minutes and documents, books, papers, photographs,
sound recordings, microforms or any other materials, regardless of physical
form or characteristics, made or received pursuant to law or in conjunction
with the transaction of official Town business.
An establishment maintained by the records management officer for
the storage, servicing, security and processing of records which must be preserved
for varying periods of time.
The removal by the Town, 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 disposition of temporary
records by destruction or donation or the transfer of records to a central
storage facility for temporary or permanent storage of records determined
to have historical or other sufficient value warranting continued preservation
or the transfer of records from one Town agency to another Town agency.
The planning, controlling, directing, organizing, training, promotion
and other managerial activities involved in records creation, records maintenance
and use and records disposition, including records preservation, records disposal
and the records center or other storage facilities.
Making information in records available to any agency for official
use or to the public.
The records management officer shall have all the necessary powers to
carry out the efficient administration, determination of value, use, preservation,
storage and disposition of the public records kept, filed or received by the
officers and departments of the Town.
A.
The records management officer shall continually survey
and examine public records to recommend their classification so as to determine
the most suitable method to be used for the maintaining, storing and servicing
of the following:
(1)
Obsolete and unnecessary records according to the 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;
or
(3)
Records not subject to disposition according to state
law.
B.
The records management officer shall establish guidelines
for proper records management in any department of the Town government in
accordance with local, state and federal laws and guidelines.
C.
The records management officer shall operate a central
records management storage facility for storage, processing and servicing
of all Town records for all Town departments and agencies.
D.
Additional requirements of the records management officer
will include but are not limited to:
(1)
The development of a comprehensive records management
program.
(2)
The conduct of an initial survey and analysis of all
records.
(3)
The encouragement and coordination of the continuous
legal destruction of obsolete records through the adoption and use of the
state archive record retention and distribution schedules.
(4)
The development and a suitable retention period for records
not covered by the New York State Records Retention and Distribution Schedules.
(5)
The assistance to each department for the establishment
of a records management system to support the overall Town records management
program.
(6)
The setting up and overseeing of a center for the storage
of inactive records.
(7)
The coordinating and carrying out or participating in
the planning for development of advanced records management systems and equipment.
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 Historian, a member of the Town Board selected by the Supervisor,
the Town Accountant and a department head. 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 the state archive 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.
The records management officer shall maintain physical custody and the
official responsibility for all records. Department heads shall retain constructive
control and authority over all department records.
No records shall be destroyed or otherwise disposed of by a department
of the Town 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.
