[HISTORY: Adopted by the Town Board of the Town of Stockport
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-1990]
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 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 period prescribed
therein; and 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 8-5-1998 by L.L. No. 1-1998]
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.
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 § 32-11.
(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, 2787 Atlantic Avenue, Hudson, New
York 12534.
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. These hours are 8:30 a.m. until 3:00
p.m., Tuesday through Friday, and Saturdays from 9:00 a.m. to 12:00
noon.
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 § 32-8D 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: the Town
Board of the Town of Stockport, 2787 Atlantic Avenue, Hudson, New
York 12534.
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 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 § 32-8D.
(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.