Taxation — See Ch. 89.
ARTICLE IPublic Access (§ 22-1 — § 22-9)
ARTICLE IIRetention and Disposition Schedule (§ 22-10 — § 22-11)
§ 22-1Statutory authority; applicability.
§ 22-2Fiscal Officer and Records Access Officer designated.
§ 22-3Application for access; duty of officer; hours.
§ 22-4Time for granting request; delays.
§ 22-5Confidential information.
§ 22-6Copies of records; removal from village custody.
§ 22-7Denial of access; notification of right to appeal.
§ 22-8Requests for payroll records.
§ 22-9Statement of purpose.
The Board of Trustees of the Village of Manlius, being the governing body of such municipality, hereby promulgates these rules and regulations in accordance with the Freedom of Information Law and the final regulations promulgated thereunder by the State Committee on Public Access to Records, which rules and regulations shall be uniformly applicable to the Village of Manlius, its various boards and other agencies and departments.
The Village Clerk is hereby designated as the Records Access Officer and the Fiscal Officer of the Village of Manlius.
All persons seeking to inspect and/or copy village records may make application therefor to the Records Access Officer in a manner to be prescribed by such officer.
Except under extraordinary circumstances, the Records Access Officer shall respond to a request within five business days after receipt of the request. If, for any reason, more than five business days are required to produce records, the Records Access Officer shall acknowledge receipt of the request within five business days after the request is received. The acknowledgment shall include a brief explanation of the reason for the delay and an estimate of the date production or denial will be forthcoming.
In the event that a question arises as to the nature of the records in that public viewing of such records may result in an unwarranted invasion of a person's privacy or may result in a disclosure of material that must be confidential to promote effective law enforcement or for any other reason which, in the opinion of the Records Access Officer, is valid to promote the public interest while consistent with the Freedom of Information Law, the Records Access Officer may confer with the Village Attorney before determining if such records shall be made available for inspection.
The Records Access Officer is authorized to copy any records which are within the purview of the law, to certify them and to impose reasonable fees therefor, as prescribed from time to time by the Village Board, and which are not to exceed the maximum permitted by law. No records shall be reproduced until payment is first received from the requester. No records shall be removed from the lawful custody of any village official charged with the duty of maintaining such records, except with such official's express permission, nor shall any records be altered, disarrayed, concealed or mutilated.
Denial of access shall be in writing, stating the reason therefor and advising the requester of his or her right to appeal to the Mayor within 30 days following such denial. The time for deciding an appeal shall commence upon receipt of a written appeal identifying the date and location of the request for records, the records to which the requester was denied access and the name and return address of the requester. The Mayor shall inform the requester of his decision in writing within seven business days of receipt of the written appeal.
The Fiscal Officer shall respond to requests for itemized payroll records in accordance with applicable law and regulations, including these rules and regulations.
The purpose of this article shall be to maintain the spirit of the Freedom of Information Law and to recognize that the concept of open records is consistent with the purposes of the village.
§ 22-10Adoption of schedule.
§ 22-11Disposition restrictions.
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 local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.
In accordance with Article 57-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 periods described therein.
Only those records will be disposed of that do not have sufficient administrative, fiscal or historical value to merit retention beyond established legal minimum periods.