[HISTORY: Adopted by the Town Board of the Town of Waterford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-1975]
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. This
article provides information concerning the procedures by which records
may be obtained. Personnel shall furnish to the public the information
and records required by the Freedom of Information Law[1] and those which were furnished to the public prior to
its enactment. Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
A.
The Supervisor of the Town is responsible for ensuring compliance
with these regulations and designates the following persons as records
access officers: Town Clerk, Town Hall, 65 Broad Street, Waterford,
New York.
B.
Records access officers are responsible for ensuring appropriate
agency response to public requests for access to records. However,
the public shall not be denied access to records through officials
who have in the past been properly and duly authorized to make records
or information available.
A.
The Town Supervisor, Town Hall, 65 Broad Street, Waterford, New York, is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 122-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency required by law to be revealed.
B.
The fiscal officer shall make the payroll items listed above available
to any person, including bona fide members of the news media, as required.
[Amended 9-1-1987 by L.L. No. 3-1987]
Records shall be available for public inspection and copying
at Town Hall, 65 Broad Street, Waterford, New York, or at the location
where they are kept.
[Amended 9-1-1987 by L.L. No. 3-1987]
The Town of Waterford does not have daily regular business hours.
The following procedures for making an appointment to inspect and
copy records are therefore established: A person desiring an appointment
shall contact the Town Clerk on Monday, Wednesday or Friday between
10:00 a.m. and 12:00 noon or on Wednesday evening between 6:30 p.m.
and 8:30 p.m. For the purpose of making an appointment, please contact
the Town Clerk, 65 Broad Street, Waterford, New York 12188, telephone:
235-8282.
A.
Where a request for records is required, such request shall be in
writing, except that written requests shall not be required for records
that have been previously customarily available without written request.
B.
Response to request.
(1)
Except under extraordinary or unusual circumstances, officials shall
respond to a proper request for records no more than five business
days after receipt of the request.
(2)
If, because of extraordinary or unusual circumstances, more than
five business days are required to respond to a proper request, receipt
of the request shall be acknowledged within five business days after
the request is received. The acknowledgment shall indicate a reason
for delay and estimate a date when a reply will be made.
C.
Contents of request.
(1)
A request for access to records must be sufficiently specific and
detailed to identify the records. Where possible, the requester shall
supply information regarding dates, document types, titles, file designations
and other information which may help identify the records.
D.
Subject matter list.
(1)
A current list, by subject matter, of all records produced, filed
or first kept or promulgated after September 1, 1974, shall be available
for public inspection and copying. The list shall be sufficiently
detailed to permit the requester to identify the file category of
the records sought.
(2)
The subject matter list shall be updated periodically, and the date
of the most recent updating should appear on the first page. The updating
of the subject matter list shall ordinarily not be less than semiannual.
E.
No records may be removed by the requester from the office where
the record is located without the permission of the Town Supervisor,
which permission must be in writing and may be given only upon written
request for removal which must specify the reason removal is requested.
Grant of such permission shall be discretionary.
A.
Denial of access to records shall be in writing and shall state the
reason therefor and advise the requester of the right to appeal to
the individual or body established to hear appeals.
B.
If requested records are not provided as required in § 122-6B of this article, such failure shall also be deemed a denial of access.
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 requests for records.
(3)
The specific records to which the requester was denied access.
(4)
Whether the denial of access was in writing or was by failure to provide records as required by § 122-6B.
(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 seven business days of
receipt of an appeal.
A notice containing the job title or name and business address
of the records access officers and fiscal officer; the name, job title,
business address and telephone number of the appeal person or persons
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.
[Adopted 2-1-1996]
The RMO or the RMO's designee shall be responsible for the records
management program established by this article and subsequent amendments
thereto. Said office will be responsible for administering the noncurrent
(inactive) and archival, public records for the Town of Waterford
in accordance with local, state and federal laws and guidelines. Said
officer shall also be responsible for overseeing micrographic and
technology projects involving the Town of Waterford records according
to quality control specifications and guidelines.
A.
The Records Management Officer or the RMO's designee shall have all
the necessary powers to carry out the efficient administration of
records and the determination of value, use, preservation, storage
and disposition of the noncurrent (inactive) and archival public records
kept, filed or received by the offices and departments of the Town
of Waterford.
B.
The Records Management Officer or the RMO's designee shall establish
guidelines for proper records management in any department or agency
of the Town of Waterford in accordance with local, state and federal
laws, regulations and guidelines.
C.
The Records Management Office or the RMO's designee shall report
annually to the Town Board on the powers and duties mentioned, including
but not limited to the cost/benefit ratio and efficiencies and administrative
economies of programs implemented by the Records Management Officer
or the RMO's designee.
The Records Management Officer shall have at his/her disposal
adequate designated space dedicated specifically for the storage,
processing and servicing of noncurrent (inactive) and archival records
for all local government departments and agencies. The records center
will be administered by the Records Management Officer or the RMO's
designee.
A.
The Records Management Officer or the designee shall be the sole
officer with authority over the disposition of local government records
in consultation with the respective local government officer or department
head who has custody of the records of his/her respective office or
department and with the local Records Advisory Board.
B.
Records shall be transferred to the Town of Waterford archives upon
the recommendation of the RMO, with the approval of the head of the
department which has legal custody of the records and the approval
of the Records Advisory Board. Records of local government agencies
now in or in the future defunct shall pass to the legal custody of
the Town of Waterford archives.
The Town of Waterford counsel, in consultation with the RMO,
may take steps to recover local government records which have been
alienated from proper custody and may, when necessary, institute actions
of replevin.
A.
The Town Board of the Town of Waterford shall appoint a Records Advisory
Board of five to seven members, based on recommendations by the Records
Management Officer. The Records Advisory Board shall be composed of
the RMO, the Town Historian, the Historian for the Village of Waterford,
the Waterford Village Clerk and a citizen from the community. One
member of the Town Board of the Town of Waterford shall serve as an
ex officio member of the Records Advisory Board. The Records Management
Officer shall serve as Chairperson.
B.
The function of the Records Advisory Board shall be to advise and
make suggestions to the Records Management Officer or designee on
future improvements of the Town of Waterford records management program.
The Board shall meet at least twice a year.
C.
The Records Management Officer or the RMO's designee shall call all
the meetings of the Records Advisory Board, presenting progress reports
of the program to the Board, reviewing local government records management
and archives policies with the Records Advisory Board and examining
recommendations offered by the Records Advisory Board.
