[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-19-1988 by L.L. No. 2-1988]
Records are essential to the administration of local government.
They contain the information that keeps government programs functioning.
It is our intent that a records management program be established
which will assist officials in making decisions, administering programs
and providing administrative continuity with past operations. The
program would be intended to document delivery of services, show the
legal responsibilities of government and protect the legal rights
of citizens. It will contain information on taxation and on the management
and expenditure of funds. These records will also document the historical
document of government itself, the community and the people of the
Village of Monticello.
There shall be a records management program established under
the aegis of the Village Manager and headed by a records management
officer. The Village Clerk is designated as the records management
officer and will be responsible for administering the current and
archived public records in storage areas for the Village of Monticello
in accordance with local, state and federal laws and guidelines.
As used in this chapter, the following terms shall have the
meanings indicated:
Those official records which have been determined by the
officer and Advisory Committee to have sufficient historical or other
value to warrant the continued preservation by the Village.
Official files, minutes and 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 conjunction with the transaction of official Village
business.
An establishment maintained by the departments or records
management officer 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.
The removal by the Village, 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
the disposition of temporary records by destruction or donation or
the transfer of records to a central storage facility for temporary
or permanent storage of records determined to have historical or other
sufficient value warranting continued preservation and the transfer
of records from one Village agency to another Village agency.
The planning, controlling, directing, organizing, training,
promotion and other managerial activities involved in records creation,
records maintenance and use and records disposition, including records
preservation, records disposal and the records center or other storage
facilities.
Making information in records available to any agency for
official use or to the public.
The records management officer shall have all the necessary
powers deemed appropriate by the Village Manager to carry out the
efficient administration, determination of value, use, preservation,
storage and disposition of the public records kept, filed or received
by the officers and departments of the Village of Monticello.
A.
The records management officer shall continually survey and examine
public records to recommend their classification so as to determine
the most suitable method to be used for the maintaining, storing and
servicing of the following:
(1)
Obsolete and unnecessary records according to the New York State
Retention and Disposition Schedules, thereby subject to disposition;
(2)
Information containing administrative, legal, fiscal, research, historical
or educational value which warrants their permanent retention; or
(3)
Records not subject to disposition according to state law.
B.
The records management officer shall establish guidelines for proper
records management in any department of the Village government in
accordance with local, state and federal laws and guidelines.
C.
The records management officer shall report annually to the Village
Manager and the Board of Trustees on the powers and duties herein
mentioned, including but not limited to the development and progress
of programs to date and planned activities for subsequent years.
D.
The records management officer shall operate a central records management
storage facility for storage, processing and servicing of all Village
records for all Village departments and agencies.
E.
Additional requirements of the records management officer include,
but are not limited to:
(1)
The development of a comprehensive records management program.
(2)
The conduct of an initial survey and analysis of all records, to
be followed up annually with a report of records stored.
(3)
The encouragement and coordination of the continuous legal destruction
of obsolete records through the adoption and use of the State Archives
Records Retention and Disposition Schedules.
(4)
The development of a suitable retention period for records not covered
by the State Records Retention and Disposition Schedules.
(5)
The assistance to each department for the establishment of a records
management system to support the overall Village records management
program.
(6)
The setting up and overseeing of a center for the storage of inactive
records.
(7)
The coordinating and carrying out or participating in the planning
for development of advanced records management systems and equipment.
(8)
The preparation of special and annual reports for the Village Manager
and the Board of Trustees on records management program progress,
cost savings and cost avoidance problems and additional issues.
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 the Village Manager, the Village Historian, a Trustee
for the Village Board of Trustees selected by the Mayor, the Village
Treasurer and a department head. The Board shall meet periodically
and have the following duties:
A.
To provide advice to the records management officer on the development
of the records management program.
B.
To review the performance of the program on an ongoing basis and
propose changes and improvements.
C.
To review retention periods proposed by the records management officer
for records not covered by the state archive schedules.
D.
To provide advice on the appraisal of records for archival value
and to be the final sign-off entity as to what is or is not archival.
The records management officer shall maintain physical custody
and the official responsibility for all records. Department heads
shall retain constructive control and authority over all department
records.
No records shall be destroyed or otherwise disposed of by a
department of the Village of Monticello 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.
[Adopted 6-21-1999 by L.L. No. 5-1999]
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.
D.
These regulations
are intended to comply with Public Officers Law, Article 6, Freedom
of Information Law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
The following records, pursuant to Village 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.
A.
The Board of Trustees of the Village of Monticello is responsible
for ensuring compliance with the regulations herein and designates
the following persons as records access officers:
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 § 63-16.
(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 Village Clerk, 2 Pleasant Street, Monticello,
New York 12701.
Requests for public access to records shall be accepted and
records produced during all hours the Village Clerk's office
is regularly open for business. These hours are 9:00 a.m. until 5:00
p.m.
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 its 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 § 63-13D of this chapter, 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: the Village
Manager of the Village of Monticello, 2 Pleasant Street, Monticello,
New York 12701, (914) 794-6130.
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 § 63-13D.
(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.
