[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.
[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.
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 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.
