[HISTORY: Adopted by the Town Board of the Town of Athens as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-13-1989]
A.
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.
B.
In accordance with Article 57-A:
(1)
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.
(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.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
This article may be known and cited as the "Public Access to Records
Law for the Town of Athens."
A.
The people's right to know the process of government
decision making and 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.
D.
Any conflicts among laws governing public access to records
shall be construed in favor of the widest possible availability of public
records.
A.
The Town Board of the Town of Athens is responsible for
ensuring compliance with the regulations herein and designates the following
person as records access officer: Town Clerk, 2 First Street, Athens, New
York, 12015.
B.
The records access officer is responsible for ensuring
appropriate agency response to public requests for access to records. The
designation of the records access officer 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 shall be available for public inspection and copying at the
Town Clerk's office, 2 First Street, Athens, New York, 12015.
Records shall be available for inspection during regular business hours
as established by the Town Clerk.
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
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, the request
may be construed as a denial of access that may be appealed.
A.
The records access officer shall maintain a reasonable,
detailed current list by subject matter of all records in his/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 § 58-7D of this article, such failure shall also be deemed a denial of access.
C.
The Town Supervisor shall hear appeals for denial of
access to records under the Freedom of Information Law.
D.
The time for deciding an appeal by the individual or
body designated to hear appeals shall commence upon receipt of a written appeal
identifying:
(1)
The date of the appeal.
(2)
The date and location of the requests 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 § 58-7D.
(5)
The name and address of the requester.
E.
The individual or body designated to hear appeals shall
inform the requester of his/her or 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 Public Access to Records copies of all appeals upon receipt
of appeals. Such copies should be addressed to:
Committee on Public Access to Records
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Department of State
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State Street
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Albany, New York 12231
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G.
The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of his/her or its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F.
A notice containing the title or name and business address of the records
access officer 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 or published in a local newspaper of general circulation.