[HISTORY: Adopted by the Town Board of the
Town of Rush as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-28-1975]
Resolution adopting rules and regulations with
relation to public inspection and copying of Town records as are subject
to public inspection law.
The following rules and regulations shall apply
to the public inspection and copying of such records of the Town of
Rush as are subject to public inspection by law and shall continue
in effect until altered, changed, amended or superseded by further
resolution of the Rush Town Board, or by action of the State Committee
on Open Government.
A.
Record access officers. The Town Clerk and the Town
Supervisor are hereby designated as record access officers and are
charged with the custody and keeping of such records and are the persons
from whom such records may be obtained.
B.
Fiscal officer. The fiscal officer of the Town of
Rush is the Town Supervisor and he or she is hereby designated as
records access officer in regard to payroll records.
Such records shall be made available for inspection
at the offices of the Town of Rush, 5977 East Henrietta Road Rush,
New York 14543 [telephone (585) 533-1312)], by a records access officer.
Such records shall be inspected in the presence of a records access
officer and shall not be removed from the Town offices.
Such records shall be made available for public
inspection during regular business hours on regular business days,
if readily available. If not readily available, or if the workload
of the records access officer will not allow for immediate response
to a request for access to such records, a written request specifically
describing the records to which access is desired shall be filed with
a records access officer, who shall produce the same within three
business days of such request. Such written request shall be on the
form prescribed by the State Comptroller.
A.
Copies. A records access officer shall, upon request,
make a copy or copies of any record subject to inspection upon payment
of a fee of $0.25 per page. The records access officer shall make
such copies and mail or deliver them to the requestor within one week
depending on the volume and number of copies requested.
To prevent an unwarranted invasion of personal
privacy, the following types of records or parts of records shall
not be available for inspection:
A.
Such personal matters as may have been reported in
confidence and which are not relevant or essential to the ordinary
work of the Town;
B.
Employment, medical or credit histories or personal
references of applicants fro employment, except that such records
may be disclosed when the applicant has provided a written release
permitting such disclosure;
C.
Lists of names and addresses in the possession of
the Town, if such lists would be used for private, commercial or private
fund-raising purposes;
D.
Items of a personal nature when disclosure would result
in economic or personal hardship to the subject party and such records
are not relevant or essential to the ordinary work of the Town.
If the records access officer elects to deny
access, he or she shall submit to the requestor a written statement
of his or her reason therefor and advising the requestor of his or
her right to appeal to the Town Board, the body hereby designated
to hear appeals.
[Adopted 3-10-2004 by L.L. No. 3-2004; amended in its entirety 12-9-2020 by L.L. No. 2-2020]
[Amended 12-9-2020 by L.L. No. 2-2020]
A.
Retention and Disposition Schedule for New York Local Government
Records, issued pursuant to Article 57-A of the Arts and Cultural
Affairs Law and containing legal minimum retention periods for municipal
government records, as prepared and may be revised by the State Education
Department, is hereby adopted for use by all municipal officers in
disposing of municipal government records listed therein.
B.
In accordance with Article 57-A:
(1)
Only those records will be disposed of that are described in said
Records Retention and Disposition Schedule after they have met the
minimum retention period prescribed therein.
(2)
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.