[HISTORY: Adopted by the Town Board of the Town of Hamlin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-1987 by L.L. No. 6-1987 (Ch. 84 of the 1987
Code)]
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 from the Town of Hamlin, hereinafter "the
Town."
A.
The Town Clerk's office shall be responsible for ensuring compliance
with the regulations herein and shall designate one or more persons
as records access officer by name or by specific job title and business
address, who shall have the duty of coordinating response to public
requests for access to records. The designation of one or more records
access officers 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.
Records shall be available for public inspection and copying
at the Town Hall, 1658 Lake Road, Hamlin, New York.
A.
All requests for records shall be made in writing.
B.
Requests for records shall be honored within five business days of
receipt of such request.
C.
Requests shall reasonably describe the record or records sought.
Whenever possible, the request shall specify dates, file designations
or other information that might help in describing the record sought.
D.
Should the Clerk fail to provide or deny access to the records sought
within five business days of the receipt of such request, the Clerk
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. Failure of the Clerk to either grant or deny a request
within 20 business days after the date of acknowledgment of receipt
of a request shall be construed as a denial of access that may be
appealed.[1]
A.
The Clerk shall maintain a reasonably detailed current list, by subject
matter, of all records in his 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.
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 an agency fails to respond to a request within five business days of receipt of a request as required in § 100-5D, such failure shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal within 30 days of
a denial.
F.
The Town Board shall transmit to the Committee on Open Government
copies of all appeals upon receipt of an appeal. Such copies shall
be addressed to:[1]
Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue
Suite 650
Albany, New York 12231
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G.
The Town Board shall inform the appellant and the Committee on Open Government of the 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 F of this section.[2]
Except when a different fee is otherwise prescribed by statute,
the fees for copies of records shall not exceed $0.25 per photocopy
not in excess of nine inches by 14 inches or the actual cost of reproducing
any other record.
The Town 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 or to which
an appeal is to be directed.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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:
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.
B.
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.