[HISTORY: Adopted by the Common Council of the City of Albany 5-16-2005
by Ord. No. 13.32.04.[1] Amendments noted where applicable.]
[1]
Editor's Note: Section 3 of this ordinance, as amended 9-19-2005
by Ord. No. 64.91.05, also stated that it would take effect 180 days after
its adoption.
The purpose of this chapter is to establish a procedure by which formally
adopted policies and administrative rules are collected and maintained in
a format that provides easy access for the public. The repository created
by this chapter supplements other resources that are maintained independently,
such as the Code of the City of Albany.
As used in this chapter, the following terms shall have the meanings
indicated, unless the context clearly requires otherwise:
- ADMINISTRATIVE RULE
- Binding requirements, rules, regulations or procedures (other than documents or portions thereof exempt from disclosure under Article 6 of the Public Officers Law) that are formally adopted by the Common Council or a City official pursuant to rule-making authority expressly delegated by the Council. An administrative rule must state in its text that it is an "administrative rule."
- BINDING CITY POLICY
- Statements of the Common Council, expressed in a resolution, that are directed to future decision-making or procedure and have binding effect or serve as mandatory approval criteria. Such resolutions must state in their text that they are "binding City policy." Examples include policies establishing requirements for City employees or other matters regulating the City's budget and internal management.
- CITY OFFICIAL
- Any Commissioner, department, office or division head or the administrative entities thereunder.
- DEPARTMENT POLICY
- A requirement or procedure adopted by a City official in the absence of formally delegated rule-making authority that has binding effect on a department, office or division. Examples include department-specific work rules and administrative procedures. Department policies are maintained and documented by the individual department, office or division.
- FORMALLY ADOPTED
- Adopted by Common Council or by another City official pursuant to procedures contained in a delegation of authority from the Common Council.
- LEGISLATION
- Municipal law, enacted by ordinance or local law. Legislation is codified and maintained separately in the Albany City Code.
- NONBINDING CITY POLICY
- A statement of the Common Council's opinion that does not have
binding effect or serve as mandatory approval criteria for future decision-making.[Amended 6-4-2007 by Ord. No. 62.52.07]
A.
The Policy Documents Repository is hereby established
within the office of City Clerk. The City Clerk shall retain a copy of all
binding City policies and administrative rules. Those documents shall be placed
in a repository to be known as the Policy Documents Repository ("PDR"). The
PDR shall be available during normal business hours of the City Clerk's
office. Costs for providing copies or other services shall be recovered according
to the standard practice of the City Clerk's office.
B.
All City officials shall cooperate with and assist the
City Clerk in the timely compilation of documents required to be maintained
as part of the PDR.
C.
The City Clerk shall compile and maintain such additional
copies of the PDR as may be necessary for placement in all branches of the
Albany Public Library to be maintained as reference material for public use.
The City Clerk shall create an index of documents in the PDR, organized
by subject matter and by any additional methods deemed appropriate by the
City Clerk, to assist citizens with identifying and locating documents. The
City Clerk may also, at his or her discretion, provide automated tools for
searching documents.
A.
All City officials that adopt or amend documents required
to be retained in the PDR shall submit a copy of those newly adopted or amended
documents to the City Clerk for inclusion in the PDR. It shall be the responsibility
of each City official adopting or amending such documents to furnish the City
Clerk with a copy of any new or amended documents, including information concerning
any items that are repealed, within two weeks of such adoption, amendment
or repeal.
B.
All documents submitted for inclusion in the PDR shall
be submitted in both paper and electronic form, using the format specified
by the City Clerk.
Although retaining flexibility in the format of individual policy documents
is preferred, the City Clerk is authorized to establish a standard format
for documents that are retained in the PDR, to facilitate compilation and
use of those documents by the public. Bureaus are authorized to reformat documents
to comply with the City Clerk's requirements without engaging in rulemaking
procedures, so long as the reformatting does not result in substantive changes.
Documents kept in the PDR are not legislation. Rules and policies establishing
requirements for City employees or other matters regulating the City's
budget and internal management are binding on City bureaus and employees.
Administrative rules are binding pursuant to the delegation of authority under
which the rules were adopted.
Documents required to be filed in the PDR represent a small percentage
of the documents used in the performance of the City's business. Nothing
in this chapter is intended or shall be construed as limiting the availability
or effect of documents that are not required to be filed in the PDR.
