[HISTORY: Adopted by the Town Board of the Town of Corinth: Art. I, 5-4-1978 as L.L. No. 2-1978; Art. II, 2-19-1981, amended in its entirety at time of adoption of Code 12-5-1996 by L.L. No. 2-1996 (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
Article I Public Access to Records
Article II Retention and Disposition
[Adopted 5-4-1978 as L.L. No. 2-1978]
The Town Clerk shall be the records access officer hereunder, with the business address Hamilton Avenue, Corinth, New York, 12822. It shall be the duty of said records access officer to coordinate agency response to public requests for access to records. The designation of the records access officer shall not be construed to prohibit officials who have heretofore been authorized to make records or information available to the public from continuing to do so.
The records access officer is responsible for assuring that agency personnel:
Maintain an up-to-date subject matter list;
Assist the requester in identifying requested records, if necessary;
Upon request, certify that a record is a true copy; and
Such records will be produced and made available for public inspection and copying at the office of the Town Clerk or at the office of the department having custody thereof.
Requests for public access to records shall be accepted and records shall be produced during all hours that the departments or agencies are open for business.
A department or agency may require that a request be made in writing or may make records available upon oral request.
A department or agency shall respond to any request reasonably describing the record or records sought within five business days of receipt of the request.
A request shall reasonably described 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.
If the 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.
Each agency shall maintain a reasonably detailed current list by subject of all records in its possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
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.
The Town Board shall designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.
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.
If an agency fails to respond to a request within five business days of receipt of a request as required in § 98-4 of this Article, such failure shall be deemed a denial of access by the agency.
Any person denied access to records may appeal within 30 days of a denial.
The agency shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:
[Amended 12-5-1996 by L.L. No. 2-1996]
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
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. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subdivision F of this section.
[Amended 12-5-1996 by L.L. No. 2-1996]
A final denial of access to a requested record, as provided for in Subdivision G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is otherwise prescribed by law:
An agency may provide copies of records without charging a fee.
An agency may charge a fee for copies of records, provided that:
The fee for copying records shall not exceed $0.25 per page for photocopies not exceeding nine inches by 14 inches. This section shall not be construed to mandate the raising of fees where agencies in the past have charged less than $0.25 for such copies.
In agencies which do not have photocopying equipment, a transcript of the request records shall be made upon request. Such transcript 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.
Additional requirements and fees shall be as follows:
[Added 12-5-1991; amended 3-23-2000]
All requests for copies of records must be made in writing.
After looking up the records and determining the number of pages involved, each individual will be quoted a price and will agree pay said price before the photocopying is completed.
Each agency shall publicize by posting in a conspicuous location and/or by publication in a local newspaper of general circulation:
The location where records shall be made available for inspection and copying.
The name, title, business address and business telephone number of the designated records access officer.
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 2-19-1981; amended in its entirety 12-5-1996 by L.L. No. 2-1996]
Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.
In accordance with Article 57-A:
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.
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.