[Adopted 3-7-1983 by L.L. No. 1-1983
as Ch. 5 of the 1983 Code]
This article shall be known and may be cited
as the "Public Records Law of the Village of Central Square, New York."
The Village Board hereby designates the Office
of the Village Clerk, located in the Village Hall, Village Place,
Route 49, Central Square, New York as the location where public records
shall be available for public inspection and copying.
The Village Clerk shall accept requests for
public access to records and produce records during all hours during
which the Clerk's Office is regularly open for business.
Except when a different fee is otherwise prescribed
by law:
A. There shall be no fee charged for the following:
(3) Any certification pursuant to this part.
B. The Village Clerk may provide copies of records without
charging a fee; or
C. The Village Clerk may charge a fee for copies of records
provided that:
(1) The fee for copying records shall not exceed $0.25
per page for photocopies not exceeding nine inches by 14 inches. This
section shall not be construed to mandate the raising of fees where
agencies in the past have charged less than $0.25 for such copies.
(2) The fee for copies of records not covered by Subsection
C(1) of this section shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the Village such as operator salaries.
When records are submitted to an agency after
January 1, 1982, a request may be made that such information be excepted
from disclosure as a trade or commercial secret, under § 87,
Subdivision 2(d), of the Public Officers Law. Such information shall
be disclosed only as set forth by § 89, Subdivision (5),
of the Public Officers Law.
[Adopted 10-27-2014 by L.L. No. 3-2014]
This policy is applicable to all Village departments, agencies,
boards or commissions.
As used in this article, the following terms shall have the
meanings indicated:
ACTIVE RECORDS
Those records which are used on a frequent basis and which
must be maintained because the records retention period, as specified
by the appropriate Records Retention and Disposition Schedule, has
not expired.
ARCHIVAL RECORDS
Those records worthy of continuing preservation because of
their administrative, legal, fiscal, historical or research purposes.
CONFIDENTIAL RECORDS
Records which have the highest level of confidentiality attached
to them and which may only be used by a limited number of people in
the originating office.
INACTIVE OR DISPOSABLE RECORDS
Those records which have temporary value and, in consequence,
may be destroyed after the lapse of a specified time, or after the
occurrence of some act which renders them valueless.
LOCAL GOVERNMENT RECORD
Section 57.05 of the Consolidated Arts and Cultural Affairs
Law defines a "public record" as any book, paper, map, photograph,
microphotograph or other information storage device, regardless of
physical form or characteristic, that is the property of the state
or any state agency, department, division, board, bureau, commission,
county, city, town, Village, district or any subdivision thereof by
whatever name designated in or on which any entry has been made or
is required to be received for filing. Under this definition, local
government records include practically any type of recorded information
that local government officials create or receive in the course of
their official duties.
PUBLIC RECORDS
Publicly distributed information which is available to anyone.
RECORD SERIES
Any group of related records which are normally used and
filed as a unit and which permit evaluation as a unit for disposition
purposes.
VITAL RECORDS
A.
Those records which are essential to the continuing operation
of the Village of Central Square. They contain information that would
be needed to resume and continue the operations of the Village after
a major disaster such as a fire or flood, to protect the legal and
financial interests of the Village and to preserve the rights of the
people. Vital records include such records as:
(2)
Fiscal accounts and accounting records.
(6)
Highway and street designations, determinations, and descriptions.
(8)
Vital statistics and marriage records.
(9)
Records relating to outstanding indebtedness.
(10)
Payrolls and other employee records.
B.
Some, but not all, vital records are also archival records.
For instance, minutes, deeds/easements, and original maps are archival
records and must be retained permanently. Fiscal accounts, employee
files, and insurance policies, however, are not archival records.
They are vital records because they are essential for operation of
the Village, but they lack sufficient administrative, fiscal, or other
values to warrant their permanent retention.
Department heads will be responsible for the implementation
of the provisions of this article in their departments as well as
for training all new employees within their departments in the provisions
found herein.