[Adopted 6-19-1968 (Ch.
40 of the 1973 Code)]
Each agency shall designate the locations where records shall
be available for public inspection and copying.
Except when a different fee is otherwise prescribed by law:
A. There shall be no fee charged for the following:
(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.
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.