Village of Cobleskill, NY
Schoharie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill: Art. I, 2-21-1989; Art. II, 6-19-1995 as L.L. No. 3-1995. Amendments noted where applicable.]
[Adopted 2-21-1989]
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 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.
Pursuant to § 57.19 of the Arts and Cultural Affairs Law, the Village Clerk is hereby designated records management officer.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I
[Adopted 6-19-1995 as L.L. No. 3-1995]
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 the procedures by which village records may be obtained.
C. 
Village personnel, as set forth within this Article, shall furnish to the public the information and records required by § 84 et seq. of the Public Officers Law, known as the "Freedom of Information Law," together with such other records as otherwise may be available by law.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
A. 
The Board of Trustees of the Village of Cobleskill is responsible for ensuring compliance with the provisions within this Article.
B. 
The Village Clerk is hereby designated as the Records Access Officer for the Village of Cobleskill to assist the Board in administration of this Article.
C. 
The Records Access Officer shall be responsible for ensuring appropriate agency response to public requests for access to village records. Designation of a Records Access Officer shall not be construed to prohibit officials who in the past have been authorized to make records of information available to the public from continuing to do so.
D. 
The Records Access Officer shall ensure that village personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one (1) of the following actions:
(a) 
Make records available for inspection.
(b) 
Deny access to the records in whole or in part and explain, in writing, the reason for such action.
(4) 
Upon request for copies of available records:
(a) 
Make a copy available to the requester upon payment or offer to pay established fees, if any, as set forth within this Article; and
(b) 
Permit the requester to copy such records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The village is not the custodian for such records; or
(b) 
The records of which the village is a custodian cannot be found after diligent search.
A. 
Records shall be available for public inspection and copying at the office of the Records Access Officer.
B. 
Requests for public access to records shall be accepted and records produced during all hours in which the office of the Records Access Officer is open to the public.
A. 
The Records Access Officer shall maintain a reasonably detailed current list by subject matter of all records in his or her possession, whether or not such records are available pursuant to the Freedom of Information Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
A. 
The Records Access Officer may require a written request for a record; however, oral requests may be accepted when records are readily available.
B. 
A response to any request reasonably describing the record or records sought shall be given by the Records Access Officer within five (5) business days of receipt of the request.
C. 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the record sought.
D. 
If the Records Access Officer does not provide or deny access to the records sought within five (5) business days of the receipt of a request, he or she 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. If access to records is neither granted nor denied within ten (10) business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access.
A. 
Denial of access to records shall be in writing, stating the reason for such denial and advising the requester of the right to appeal to the Mayor of the Village of Cobleskill.
B. 
If requested records are not provided promptly, as required by this Article, such failure also shall be deemed a denial of access.
C. 
The time for deciding an appeal by the Mayor shall commence upon receipt of a written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date of and the location at which the request for records was made.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or due to failure to provide records promptly as required by this Article.
(5) 
The name and return address of the requester.
D. 
The Mayor shall inform, in writing, the requester of his or her decision as to the appeal within ten (10) business days of receipt of an appeal.
E. 
The Mayor also shall forward simultaneously with the decision a copy of the appeal and the decision to the State Committee on Open Government.
A. 
The fee for photocopies not exceeding eight and one-half by fourteen (81/2 x 14) inches shall be twenty-five cents ($0.25) per page.
B. 
There shall be no fee for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Certification of a record pursuant to this Article.
A notice containing the name, title and business address of the Records Access Officer and the Mayor, as appeals officer, together with the location where records can be seen and copied shall be posted in a conspicuous location wherever records are kept and/or published in the village's official newspaper.