[HISTORY: Adopted by the Town Board of the
Town of Parma 4-18-2000 by L.L.
No. 1-2000. Amendments noted where applicable.]
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 said 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.
A.
The people's right to know the process of governmental
decisionmaking and to review 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, as well as
records otherwise available by law.
A.
The following records, pursuant to town and state
law, are not accessible to the public:
(1)
Those which are specifically exempted from disclosure
by state or federal statute.
(2)
Those which, if disclosed, would constitute an unwarranted
invasion of personal privacy under the provisions of Subdivision 2
of § 89 of the Public Officers Law.
(3)
Those which, if disclosed, would impair present or
imminent contract awards or collective bargaining negotiations.
(4)
Those which are trade secrets or are maintained for
the regulation of commercial enterprise which, if disclosed, would
cause substantial injury to the competitive position of the subject
enterprise.
(5)
Those which are compiled for law enforcement purposes
and which, if disclosed, would:
(a)
Interfere with law enforcement investigations
or judicial proceedings;
(b)
Deprive a person of a right to a fair trial
or impartial adjudication;
(c)
Identify a confidential source or disclose confidential
information relating to a criminal investigation; or
(d)
Reveal criminal investigative techniques or
procedures, except routine techniques and procedures.
(6)
Those which, if disclosed, would endanger the life
or safety of any person.
(7)
Those which are interagency or intraagency materials
which are not:
(8)
Those which are examination questions or answers which
are requested prior to the final administration of such questions.
(9)
Those which are computer access codes.
B.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
B.
Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records.
The designation of records access officers 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. Records access officers shall ensure that personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist the requester in identifying requested records,
if necessary.
(4)
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 115-11.
(5)
Upon request, certify that a record is a true copy.
Records shall be available for public inspection
and copying at the office of the Town Clerk, 1300 Hilton - Parma Road,
Hilton, New York, 14468.
Requests for public access to records shall
be accepted and records produced during all hours the Town Clerk's
office is regularly open for business.
A.
A written request is required.
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. Whenever 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 record 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, such failure 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 § 115-8D of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear appeals from denial
of access to records under the Freedom of Information Law: two current
members of the Town Board of the Town of Parma.
[Amended 5-16-2017 by L.L. No.
2-2017]
D.
The time for deciding an appeal by the individual
or body designated to hear appeals shall commence upon receipt of
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 § 115-8D.
(5)
The name and return address of the requester.
E.
The individual or body designated to hear appeals
shall inform the requester of its decision in writing within 10 business
days of receipt of an appeal.
F.
The person 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.
G.
The person or body designated to hear appeals 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 F of this section.
A notice containing the title or name and business
address of the records access officers and appeals person or 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.
