[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 89.
[Adopted 10-8-1974]
The Board of Trustees of the Village of Manlius,
being the governing body of such municipality, hereby promulgates
these rules and regulations in accordance with the Freedom of Information
Law and the final regulations promulgated thereunder by the State
Committee on Public Access to Records, which rules and regulations
shall be uniformly applicable to the Village of Manlius, its various
boards and other agencies and departments.
[Amended 8-24-1982 by L.L. No. 4-1982]
The Village Clerk is hereby designated as the
Records Access Officer and the Fiscal Officer of the Village of Manlius.
All persons seeking to inspect and/or copy Village
records may make application therefor to the Records Access Officer
in a manner to be prescribed by such officer.[1] The Records Access Officer shall accept such requests
and, except as to payroll records for which the Fiscal Officer shall
have responsibility, promptly produce at her office or at another
place designated by her all permitted and available records during
the hours which the Village Clerk's office is regularly open for business.
[1]
Editor's Note: Request forms can be obtained
in the office of the Village Clerk.
Except under extraordinary circumstances, the
Records Access Officer shall respond to a request within five business
days after receipt of the request. If, for any reason, more than five
business days are required to produce records, the Records Access
Officer shall acknowledge receipt of the request within five business
days after the request is received. The acknowledgment shall include
a brief explanation of the reason for the delay and an estimate of
the date production or denial will be forthcoming.
In the event that a question arises as to the
nature of the records in that public viewing of such records may result
in an unwarranted invasion of a person's privacy or may result in
a disclosure of material that must be confidential to promote effective
law enforcement or for any other reason which, in the opinion of the
Records Access Officer, is valid to promote the public interest while
consistent with the Freedom of Information Law, the Records Access
Officer may confer with the Village Attorney before determining if
such records shall be made available for inspection.
[Amended 8-24-1982 by L.L. No. 4-1982]
The Records Access Officer is authorized to
copy any records which are within the purview of the law, to certify
them and to impose reasonable fees therefor, as prescribed from time
to time by the Village Board, and which are not to exceed the maximum
permitted by law. No records shall be reproduced until payment is
first received from the requester. No records shall be removed from
the lawful custody of any Village official charged with the duty of
maintaining such records, except with such official's express permission,
nor shall any records be altered, disarrayed, concealed or mutilated.
[Amended 8-24-1982 by L.L. No. 4-1982]
Denial of access shall be in writing, stating
the reason therefor and advising the requester of his or her right
to appeal to the Mayor within 30 days following such denial. The time
for deciding an appeal shall commence upon receipt of a written appeal
identifying the date and location of the request for records, the
records to which the requester was denied access and the name and
return address of the requester. The Mayor shall inform the requester
of his decision in writing within seven business days of receipt of
the written appeal.
The Fiscal Officer shall respond to requests
for itemized payroll records in accordance with applicable law and
regulations, including these rules and regulations.
The purpose of this article shall be to maintain
the spirit of the Freedom of Information Law and to recognize that
the concept of open records is consistent with the purposes of the
Village.
[Adopted 2-22-2000[1]]
[1]
Editor's Note: This resolution superseded
former Art. II, Retention and Disposition Schedule, adopted 2-28-1989.
The 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 local government
records, is hereby adopted for use by all officers in legally disposing
of valueless records listed therein.
In accordance with Article 57-A:
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 periods described therein.
B.
Only those records will be disposed of that do not
have sufficient administrative, fiscal or historical value to merit
retention beyond established legal minimum periods.
