[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-9-1983 by L.L. No. 2-1983 as
Ch. 34 of the 1983 Code]
The purpose of these regulations is to set forth
the methods and procedures governing the availability, location and
nature of those records of the Town/Village of East Rochester subject
to the provisions of Article 6 of the Public Officers Law, known as
the "Freedom of Information Law."[1]
[1]
Editor's Note: See Public Officers Law § 85
et seq.
For the purposes of these regulations, any information
kept, held, filed, produced or reproduced by, with or for the Town/Village
of East Rochester, in any physical form whatsoever, including but
not limited to reports, statements, examinations, memoranda, opinions,
folders, files, books, manuals, pamphlets, forms, papers, designs,
drawings, maps, photos, letters, microfilms, computer tapes or discs,
rules, regulations or codes, shall be subject to disclosure in accordance
with the provisions herein.
A.
The Village Administrator of the Town/Village of East
Rochester shall be the records access officer (referred to as the
"RAO").
[Amended 12-12-2019 by L.L. No. 1-2019]
B.
Procedure for obtaining records.
(1)
Any person wishing to inspect and/or obtain a copy
of any such record may make application to the records access officer.
Such application shall be in writing on a form to be prescribed by
the records access officer. Blank forms may be obtained from the records
access officer personally or by mail addressed to the Town/Village
offices or on the Town/Village website. Completed forms may be submitted
to the records access officer either personally at such office between
the hours of 9:00 a.m. and 4:00 p.m. or by mail addressed to such
office or to such other office as the records access officer may specify
on the application form.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Upon receipt of such application, in the proper form
and at the appropriate time, the records access officer shall search
for the record requested. The records access officer shall, within
five business days of the receipt of a written request for a record
reasonably described, make such record available to the person requesting
it, deny such request, in writing, or furnish a written acknowledgment
of the receipt of such request and a statement of the approximate
date when such request will be granted or denied, which shall be reasonable
under the circumstances of the request and shall not be more than
20 business days after the date of the acknowledgment, or if it is
known that circumstances prevent disclosure within 20 business days
from the date of such acknowledgment, providing a statement in writing
stating the reason for the inability to grant the request within that
time and a date certain, within a reasonable period under the circumstances
of the request, when the request will be granted in whole or in part.
If the receipt of the request was acknowledged in writing and included
an approximate date when the request would be granted in whole or
in part within 20 business days of such acknowledgment, but circumstances
prevent disclosure within that time, the records access officer shall
provide a statement in writing within 20 business days of such acknowledgment
stating the reason for the inability to do so and a date certain,
within a reasonable period under the circumstances of the request,
when the request will be granted in whole or in part.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Upon payment of, or offer to pay, the fee prescribed
therefor, the records access officer shall provide a copy of such
record and certify to the correctness of such copy or shall certify
that he does not have possession of such record or that such record
cannot be found after a diligent search. The records access officer
may, in his discretion, waive compliance with any formality prescribed
by this section, including the use of application forms prescribed
by the records access officer.
A.
On behalf of the Town/Village of East Rochester, the
records access officer shall maintain and make available for inspection
and copying at the Town/Village Hall a current list, reasonably detailed
by subject matter, of the types of records produced, filed or first
kept in the Town/Village of East Rochester on and after the effective
date herein. Such list shall be in conformity with such regulations
as may be promulgated by the Committee on Open Government. Any person
desiring a copy of such list may request a copy thereof personally
or by mail, and one shall be supplied to him.
[Amended 3-8-1999 by L.L. No. 1-1999]
B.
Every board, office, council or commission heretofore
or hereafter established by the Town/Village Board of Trustees shall
maintain and make available for public inspection a record of the
final votes of each member in every proceeding in which he votes.
C.
The Village Administrator shall maintain a record
setting forth the name, public office address, title and salary of
every officer or employee of the Town/Village of East Rochester. This
record shall be made available for public inspection and copying by
the records access officer.
[Amended 12-12-2019 by L.L. No. 1-2019]
The fee for photocopies of records shall be
as set from time to time by resolution of the Board of Trustees. The
fees for other types of copies or transcripts and for certificates
shall be such reasonable amounts as the records access officer shall
establish. The fees charged by the records access officer for records
shall not exceed the actual cost of reproducing such record, except
when a different fee is otherwise prescribed by law.
A.
In accordance with the provisions of the Public Officers
Law and in conformity with such guidelines as may be promulgated by
the Committee on Open Government regarding the prevention of unwarranted
invasions of personal privacy, the records access officer may delete
from any record identifying details the disclosure of which would
result in an unwarranted invasion of personal privacy prior to making
such record available for inspection and/or copying. An unwarranted
invasion of personal privacy includes, but shall not be limited to,
the following:
[Amended 3-8-1999 by L.L. No. 1-1999]
(1)
Disclosure of such personal matters as may have been
reported in confidence to any agency or municipality and which are
not relevant or essential to the ordinary work of the agency or municipality.
(2)
Disclosure of employment, medical or credit histories
or personal references of applicants for employment, except that such
records may be disclosed when the applicant has provided a written
release permitting such disclosure.
(3)
Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility.
(4)
The sale or release of lists of names and addresses
in the possession of any agency or municipality if such lists would
be used for commercial or fund-raising purposes.
(5)
Disclosure of items of a personal nature when disclosure
would result in economic or personal hardship to the subject party
and such records are not relevant or essential to the ordinary work
of the agency or municipality.
B.
In the event that the record is such that personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in § 34-7 of this chapter.
C.
Unless otherwise provided in this chapter, disclosure
shall not be construed to constitute an unwarranted invasion of personal
privacy:
A.
The records access officer shall make available for
public inspection and copying all records, except that the records
access officer may deny access to records or portions thereof that:
(1)
Are specifically exempted from disclosure by state
or federal statute.
(2)
If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of § 34-6.
(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 or procedures.
(6)
If disclosed, would endanger the life or safety of
any person.
(8)
Are examination questions or answers which are requested
prior to the final administration of such questions.
B.
If the records access officer determines that an application to inspect and/or copy records pertains to information not exempt from disclosure under Subsection A hereof, he shall grant the application unless he determines that to do so would adversely affect the public interest. If the records access officer determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure in accordance with Subsection A hereof, he shall deny such application. In denying any application to inspect and/or copy records, the records access officer shall indicate his reason for such denial and shall advise the applicant of his right to appeal such denial to the Town/Village Board of Trustees.
[Amended 3-8-1999 by L.L. No. 1-1999; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person whose application to inspect and/or copy records has been denied pursuant to § 34-7 of this chapter may appeal such denial to the Town/Village Board of Trustees within 30 days of the denial. Such appeal must be in writing and must set forth the name and address of the applicant, the specific records requested, the date of the denial and the reasons given for such denial. Within 10 days of receipt of a written appeal, the Town/Village Board of Trustees shall review the matter and affirm, modify or reverse the denial. If the Town/Village Board of Trustees affirms or modifies the denial, it shall:
A.
Communicate its reasons for such affirmation or modification
to the person making the appeal.
B.
Inform such person of his right to appeal such affirmation
or modification under Article 78 of the Civil Practice Law and Rules.
C.
Forward to the Committee on Open Government a copy
of such appeal and the determination thereon.
[Adopted 3-8-1999 by L.L. No. 1-1999]
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.
