[HISTORY: Adopted by the Board of Trustees of the Village of Walton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-19-1968 (Ch. 40 of the 1973 Code)]
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 rules provide information concerning the procedures by which records may be obtained from an agency as defined by Subdivision 3 of § 86 of the Public Officers Law of the State of New York.
C. 
Agency 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 Board of Trustees shall be responsible for ensuring compliance with the regulations herein and hereby designates the Village Clerk-Treasurer, as records access officer. The Village Clerk-Treasurer shall have the duty of coordinating agency response to public requests for access to records.
[Amended 2-2-2009 by L.L. No. 1-2009]
B. 
The records access officer is responsible for ensuring that agency personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection.
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records, take one of the following actions:
(a) 
Make a copy available upon payment or offer to pay established fees, if any.
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The agency is not the custodian for such records; or
(b) 
The records of which the agency is a custodian cannot be found after diligent search.
Each agency shall designate the locations where records shall be available for public inspection and copying.
A. 
Each agency shall accept requests for public access to records and produce records during all hours they are regularly open for business.
B. 
In agencies which do not have daily regular business hours, a written procedure shall be established by which a person may arrange an appointment to inspect and copy records. Such procedure shall include the name, position, address and phone number of the party to be contacted for the purpose of making an appointment.
A. 
An agency may require that a request be made in writing or may make records available upon oral request.
B. 
An agency shall respond to 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 agency does not provide or deny access to the record sought within five business days of receipt of a request, the agency 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. 
Each agency 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. 
The Board of Trustees shall hear appeals or shall designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.
B. 
Denial of access shall be in writing stating the reason therefor and advising the person denied access of his or her right to appeal to the person or body established to hear appeals, and that person or body shall be identified by name, title, business address and business telephone number. The records access officer shall not be the appeals officer.
C. 
If an agency fails to respond to a request within five business days of receipt of a request as required in § 52-5D of this article, such failure shall be deemed a denial of access by the agency.
D. 
Any person denied access to records may appeal within 30 days of denial.
E. 
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 and location of a request for records.
(2) 
The records that were denied.
(3) 
The name and return address of the appellant.
F. 
The agency shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to: 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 seven 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.
H. 
A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is otherwise prescribed by law:
A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this rule.
B. 
An agency may provide copies of records without charging a fee.
C. 
An agency may charge a fee for copies of records, provided that:
(1) 
The fee for copying records shall not exceed $0.25 per page for photocopies not exceeding nine inches by 14 inches. This section shall not be construed to mandate the raising of fees where agencies in the past have charged less than $0.25 for such copies.
(2) 
In agencies which do not have photocopying equipment, a transcript of the requested records shall be made upon request. Such transcripts may either be typed or handwritten. In such cases, the person requesting records may be charged for the clerical time involved in making the transcript.
(3) 
The fee for copies of records not covered by Subsection C(1) and (2) of this section shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the agency, such as operator salaries.
Each agency shall publicize by posting in a conspicuous location and/or by publication in a local newspaper of general circulation:
A. 
The location where records shall be made available for inspection and copying.
B. 
The name, title, business address and business telephone number of the designated records access officer.
C. 
The right to appeal by any person denied access to a record and the name and business address of the person or body to whom an appeal is to be directed.
If any provision of this article or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this article or the application thereof to other persons and circumstances.
[Adopted 1-23-1989 by L.L. No. 1-1989 (Ch. 40A of the 1973 Code)]
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 development of government itself, the community and the people of the Village of Walton.
There shall be a Records Management Program established under the aegis of the Mayor and headed by a Records Management Officer (RMO). The officer will be responsible for administering the noncurrent and archival public records and storage areas for the Village of Walton in accordance with local, state and federal laws and guidelines.
As used in this chapter, the following terms shall have the meanings indicated:
ARCHIVES
Those official records which have been determined by the officer and Advisory Committee to have sufficient historical or other value to warrant their continued preservation by the local government.
RECORDS
Any documents, books, papers, photographs, sound recordings, microforms or any other materials, regardless of physical form of characteristics, made or received pursuant to law or in connection with the transaction of official Village of Walton business.
RECORDS CENTER
An establishment maintained by the Village of Walton primarily 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.
RECORDS DISPOSITION
A. 
The removal by the Village of Walton, 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 disposal of temporary records by destruction or donation or the transfer of records to the record center/archives for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation.
B. 
The transfer of records from one Village of Walton agency to any other Village of Walton agency.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion and other managerial use and records disposition, including records preservation, records disposal and records centers or other storage facilities.
SERVICING
Making information in records available to any Village of Walton agency for official use or to the public.
The officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the noncurrent and archival public records kept, filed or received by the offices and departments of the Village of Walton.
A. 
The Records Management Officer shall continually survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for the maintaining, storing and servicing of archival material:
(1) 
Obsolete and unnecessary records according to New York State Records Retention and Disposition Schedules thereby subject to disposition.
(2) 
Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention.
(3) 
Records not subject to disposition according to state law.
B. 
The officer shall establish guidelines for proper records management in any department or agency of the Village of Walton in accordance with local, state and federal laws and guidelines.
C. 
The officer shall report annually to the chief executive official and the governing body on the powers and duties herein mentioned, including, but not limited to, the cost-benefit ratio of programs effectuated by the department.
D. 
The officer shall operate a records management center for the storage, processing and servicing of all noncurrent and archival records for all Village of Walton departments and agencies.
E. 
The officer shall establish a Village of Walton archives and perform the following functions:
(1) 
Advise and assist Village of Walton departments in reviewing and selecting material to be transferred to the Village of Walton archives for preservation.
(2) 
Continually survey and examine public records to determine the most suitable methods to be used for the creating, maintaining, storing and servicing of archival materials.
(3) 
Establish and maintain an adequate repository for the proper storage, conservation, processing and servicing of archival records.
(4) 
Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Board.
(5) 
Develop a confidentiality policy for archival records designated confidential, provided that such policy does not conflict with any federal or state statutes.
(6) 
Provide information services to other Village of Walton offices.
(7) 
Collect archival materials which are not official Village of Walton records but which have associational value to the Village of Walton or a close relationship to the existing archival collection. Such collecting shall be subject to archive space, staff and cost limitations and to the potential endangerment of such materials if they are not collected by the archives.
(8) 
Develop a procedure whereby historically important records are to be identified at the point of generation.
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 Mayor, the Village historian, a Trustee of the Village of Walton selected by the Mayor, the Village Clerk-Treasurer and a department head as the Mayor may designate from time to time. The Board shall meet periodically and have the following duties:
A. 
Provide advice to the Records Management Officer on the development of the Records Management Program.
B. 
Review the performance of the program on an ongoing basis and propose changes and improvements.
C. 
Review retention periods proposed by the Records Management Officer for records not covered by state archives' schedules.
D. 
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.
A. 
Each Village of Walton department is the legal custodian of its records and shall retain custody of records deposited in the records center. Records transferred to or acquired by the archives shall be under the custody and control of the archives rather than the department which created or held them immediately prior to being transferred to the archives.
B. 
Records shall be transferred to the archives upon the recommendation of the RMO, with the approval of the head of the department which has custody of the records and the approval of the Records Advisory Board.
C. 
Records may be permanently removed from the archives at the request of the RMO or the head of the department which had custody of the records immediately prior to the transfer of those records to the archives, subject to the approval of the Records Advisory Board.
The Village Attorney may take steps to recover local government records which have been alienated from proper custody and may, when necessary, institute actions of replevin.
No records shall be destroyed or otherwise disposed of by a department of the Village of Walton 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.