[HISTORY: Adopted by the Town Board of the Town of Lloyd as indicated in article histories. Amendments noted where applicable.]
Open public meetings — See Ch. 16.
Editor's Note: Former Art. I, Public Access, adopted 2-13-1975, was repealed 4-10-1996.
The following rules and regulations shall apply to the public inspection and copying of such Town records as are subject to public inspection by law and shall continue in effect until altered, changed, amended or superseded by further resolution of the Town Board or by amendments to Article 6 of New York State Public Officers Law which, if inconsistent with this policy, will supersede local resolution.
Such records shall be made available for inspection at the office of the Town officer or employee charged with the custody and keeping thereof.
No records may be removed by the requester from the office where the records are located without the permission of the Town officer or employee charged with the custody and keeping thereof.
The Records Access Officer for the Town of Lloyd shall be the Town Clerk. The duties of the Town Clerk as records access officer shall be as set forth in Part 1401 of the rules and regulations promulgated by the Committee on Public Access to Records.
Such records shall be made available for public inspection on regular business days between the hours of 9:00 a.m. and 4:30 p.m. if readily available. If not readily available, a written request specifically describing records to which access is desired shall be filed with the Town officer or employee charged with the custody and keeping thereof. The custodian of said records shall either produce the documents, list a date at which said documents will be produced, deny the request or give an approximate date of when said request will either be denied or granted. Any of these responses shall be given within five days of receiving such a request. If the Town officer or employee charged with the custody and keeping of the record elects or refuses access, a written statement of the reason therefor shall be submitted to the requester within the above-mentioned time frames.
A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester shall supply information regarding dates, titles, file designations or other information which may help identify the records.
All requests for access to records shall be copied by the department receiving the request, and that copy of the request shall be transmitted to the Records Access Officer, the Town Clerk.
The Town officer or employee charged with the custody and keeping of the record shall, upon request, make a copy or copies of any record subject to such inspection upon payment of a fee of $0.25 per page (a page not being in excess of nine inches by 14 inches). Otherwise the cost shall be the actual cost to the Town of reproducing the record.
If a copy or copies thereof are desired by the requester, the Town officer or employee charged with the custody and keeping of the record shall make the appropriate copies and then notify the requester that said copies are available, within as reasonable period of time of approving the request as possible, given the number of copies to be made and the type of records to be reproduced.
Provisions found in New York State Public Officers Law as well as any other portion of New York State Law concerning what records would and would not be available due to privacy concerns shall be adhered to by all Town officers or employees. Identifying details subject to privacy exemptions and contained in records which are to be made available may be deleted in order to comply with the appropriate state law. The records access officer will have the provisions of state law available for reference for those Town employees who are the custodians of any public records.
Each department shall maintain a current list, reasonably detailed, by subject matter, of all records in the possession of the department, whether or not available under the Freedom of Information Law.
Each department shall maintain a record of the final vote of each member in every proceeding in which the members vote.
The Town shall maintain a record setting forth the name, public office address, title and salary of every officer or employee of the Town.
Denial of access to records shalt be in writing stating the reason therefor and advising the requester of the right to appeal. The requester has 30 days to appeal the denial.
The time for deciding an appeal by the individual designated to hear appeals shall commence upon receipt of a written appeal identifying:
The individual designated to hear appeals shall inform the requester of its decision in writing within 10 business days of receipt of an appeal. The person designated to hear appeals for the Town of Lloyd shall be the Town Supervisor.
The Town Clerk of the Town of Lloyd in his or her capacity as the public records access officer shall post a copy of these rules and regulations on the Town Clerk's bulletin board in the Town Hall.
[Adopted 1-30-1991 by L.L. No. 1-1991; amended 6-5-1991 by L.L. No. 3-1991]
As used in this article, the following terms shall have the meanings indicated:
- Those official records which have been determined by the Records Management Officer and Records Advisory Board to have sufficient historical or other value to warrant their continued preservation by the local government.
- Any documents, books, papers, photographs, sound recordings, microforms or any other materials, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official Town of Lloyd business.
- RECORDS CENTER
- An establishment maintained by the Town of Lloyd primarily for the storage, servicing, security and processing of records which must be preserved for varying periods of time and need not be retained in office equipment or space.
- A. The removal by the Town of Lloyd, in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal methods which may include:
- B. The transfer of records from one Town of Lloyd agency to any other Town of Lloyd agency.
- RECORDS MANAGEMENT
- The planning, controlling, directing, organizing, training, promotion and other managerial use and records disposition, including records preservation, records disposal and records centers or other storage facilities.
- Making information in records available to any Town of Lloyd agency for official use or to the public.
There shall be a records management program established under the aegis of the Town Clerk, who shall be appointed as Records Management Officer (RMO). The officer will be responsible for administering the noncurrent and archival public records and storage areas for the Town of Lloyd with local, state and federal laws and guidelines. The RMO shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the noncurrent and archival public records kept, filed or received by the offices and departments of the Town of Lloyd, including but not limited to the following:
Survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for the maintaining, storing and servicing of archival material, including but not limited to the following:
Obsolete and unnecessary records according to New York State records retention and disposition schedules thereby subject to disposition.
Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention.
Records not subject to disposition according to state law.
Establish guidelines for proper records management in any department or agency of the Town of Lloyd in accordance with local, state and federal laws and guidelines.
Report annually to the Town Board on the powers and duties herein mentioned, including but not limited to the cost/benefit ratio of programs effectuated by the department.
Operate a records management center for the storage, processing and servicing of all noncurrent and archival records for all Town of Lloyd departments and agencies.
Establish a Town of Lloyd archives and perform the following functions:
Advise and assist Town of Lloyd departments in reviewing and selecting material to be transferred to the Town of Lloyd Archives for preservation.
Continually survey and examine public records to determine the most suitable methods to be used for the creating, maintaining, storing and servicing of archival materials.
Establish and maintain an adequate repository for the proper storage, conservation, processing and servicing of archival records.
Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Board.
Develop a confidentiality policy for archival records designated confidential, provided that such policy does not conflict with any federal or state statutes.
Provide information services to other Town of Lloyd offices.
Collect archival materials which are not official Town of Lloyd records but which have associational value to the Town of Lloyd or a close relationship to the existing archival collection. Such collecting shall be subject to archive space, staff and cost limitations and to the potential endangerment of such materials if they are not collected by the archives.
Develop a procedure whereby historically important records are to be identified at the point of generation.
There shall be a Records Advisory Board designated to work closely with and provide advice to the Records Management Officer. The Board shall consist of five persons, namely the Town of Lloyd's designated counsel, the Supervisor, a member of the Town Board appointed by the Supervisor, the Town Historian and an interested citizen appointed by the RMO. The Board shall meet periodically and have the following duties:
Provide advice to the Records Management Officer on the development of the records management program.
Review the performance of the program on an ongoing basis and propose changes and improvements.
Review retention periods proposed by the Records Management Officer for records not covered by state archives' schedules.
Provide advice on the appraisal of records for archival value and to be the final sign-off entry as to what is or is not archival.
The Town of Lloyd is the legal custodian of its records and shall retain custody of records deposited in the records center. Records transferred to or acquired by the archives shall be under the custody and control of the archives rather than the department which created or held them immediately prior to being transferred to the archives.
Records shall be transferred to the archives upon the recommendation of the RMO, with the approval of the head of the department which has custody of the records and the approval of the Records Advisory Board.
Records may be permanently removed from the archives at the request of the RMO 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 Town Board's attorney may take steps to recover local government records which have been alienated from proper custody and may, when necessary, institute an action of common-law replevin or, under the New York Civil Practice Law and Rules, an action to recover a chattel.
No records shall be destroyed or otherwise disposed of by a department of the Town of Lloyd unless approval has been obtained from the Records Management Officer. No records shall be destroyed or otherwise disposed of by the Records Management Officer without the express written consent of the department head having authority.