[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."
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.
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.
[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.