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Village of Hamburg, NY
Erie County
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Table of Contents
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Minutes (712)
[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-1989]
The records retention and disposition schedule MU-1, issued pursuant to Article 57-A of the Arts & 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, only those records will be disposed of that:
A. 
Are described in records retention and disposition schedule MU-1 after they have met the minimum retention period prescribed therein.
B. 
Do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The people's right to know the process of government decision-making 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. 
These regulations provide information concerning the procedures by which records may be obtained.
C. 
Personnel shall furnish to the public the information and records required by the Freedom of Information Law (§ 84 et seq. of the Public Officers Law), as well as records otherwise available by law.
D. 
Any conflict 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 Hamburg is responsible for ensuring compliance with the regulations herein and designates the Village Clerk and, in his or her absence, the Deputy Village Clerk as records access officer, who shall be responsible for ensuring appropriate agency response to public requests for access to records. The designation of a records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.
B. 
The records access officer shall ensure that 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 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 reasons therefor.
(4) 
Upon request for copies of records:
(a) 
Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 75-12; or
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The Village of Hamburg is not the custodian for such records; or
(b) 
The records of which the Village of Hamburg is a custodian cannot be found after diligent search.
A. 
Active records. The originating department has full custody (legal and physical) over records still in active use.
B. 
Inactive records. The originating department is the legal custodian of its records and shall retain the power to retrieve and use records deposited in inactive storage in the Records Center. The records access officer will have physical custody of inactive records and will determine the method and design of storage.
C. 
Archival records. Records transferred to or acquired by the archives shall be under the full custody (legal and physical) of the archives, as directed by the records access officer, rather than the department which created or held them immediately prior to being transferred to the archives.
(1) 
Records shall be transferred to the archives upon the recommendation of the records access officer, with the approval of the head of the department which had custody of the records and the approval of the Records Advisory Board.
(2) 
Records may be removed (temporarily or permanently) from the archives at the request of the records access officer or the head of the department which had custody of the records immediately prior to the transfer of those records to the archives, subject to the approval of the Records Advisory Board.
The legal department may take steps to recover local government records which have been alienated from proper custody and may, when necessary, institute actions of replevin. For the purposes of this section, "replevin" shall mean the recovery by a person of goods claimed to be his or hers, on his or her promise to test the matter in court and give the goods up again if defeated.
Records shall be available for public inspection and copying at the office of the Village Clerk, 100 Main Street, Hamburg, New York.
Requests for public access to record shall be accepted and records produced from 2:00 p.m. to 4:00 p.m. on days that the Village Clerk's office is regularly open for business.
A. 
A written request may be required, but oral requests may be accepted.
B. 
A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.
C. 
A request shall reasonably describe the record or records sought. Wherever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
D. 
If the records access officer does not provide or deny access to the records sought within five business days of 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 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.
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 records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
C. 
The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
A. 
Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.
B. 
If requested records are not provided promptly, as required in § 75-9D of this article, such failure shall also be deemed a denial of access.
C. 
The Village Attorney shall hear appeals for denial of access to records under the Freedom of Information Law. Such appeals shall be made within 30 days of a denial.
D. 
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the request for records.
(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 § 75-9D.
(5) 
The name and return address of the requester.
E. 
The individual or body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231.
F. 
The Village Attorney shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection E of this section.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this article.
B. 
The fee for photocopies not exceeding 8 1/2 inches by 14 inches is $0.25 per page.
C. 
The fee for copies of records not covered by Subsections A and B 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).
A notice containing the title or name and business address of the records access officer and appeals body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.