[HISTORY: Adopted by the Town Board of the
Town of New Lebanon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-13-1989]
The Records Retention and Disposition Schedule
MU-1, issued pursuant to Article 57-A of the Arts & 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. Further,
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 4-13-2009[1]]
[1]
Editor's Note: This resolution also superseded former Art.
II, Public Access, adopted 9-11-2000 by L.L. No. 1-2000.
A.
The
people's right to know the process of government decisionmaking 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 of confidentiality.
B.
This
article provide information concerning the procedures by which records
may be obtained.
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
New Lebanon Town Board is responsible for insuring compliance with
the regulations herein and designates the New Lebanon Town Clerk as
the records access officer.
B.
The
records access officer is responsible for insuring appropriate agency
response to public requests for access to records. The designation
of a 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.
C.
The records access officer shall insure that the Town:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist persons seeking records to identify the records sought, if
necessary, and, when appropriate, indicate the manner in which the
records are filed, retrieved or generated to assist persons in reasonably
describing records.
(3)
Contact persons seeking records when a request is voluminous or when
locating the records involves substantial effort so that personnel
may ascertain the nature of records of primary interest and attempt
to reasonably reduce the volume of records requested.
(6)
Upon request, certify that a record is a true copy; and
Records shall be available for public inspection and copying
at:
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The New Lebanon Town Hall
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14755 Route 22
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New Lebanon, New York 12125
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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.
A.
A written request may be required, but oral requests may be accepted
when records are readily available.
B.
If records are maintained on the Internet, the requester shall be
informed that the records are accessible via the Internet and in printed
form either on paper or other information storage medium.
C.
A response shall be given within five business days of receipt of
a request by:
(1)
Informing a person requesting records that the request or portion
of the request does not reasonably describe the records sought, including
direction, to the extent possible, that would enable that person to
request records reasonably described;
(2)
Granting or denying access to records in whole or in part;
(3)
Acknowledging the receipt of a request, in writing, including an
approximate date when the request will be granted or denied, in whole
or in part, which shall be reasonable under the circumstances of the
request and shall not be more than 20 business days after the date
of the acknowledgment, or if it is known that circumstances prevent
disclosure within 20 business days from the date of such acknowledgment,
providing a statement, in writing, indicating the reason for inability
to grant the request within that time and a date certain, within a
reasonable period under the circumstances of the request, when the
request will be granted in whole or in part; or
(4)
If the receipt of request was acknowledged, in writing, and included
an approximate date when the request would be granted, in whole or
in part, within 20 business days of such acknowledgment, but circumstances
prevent disclosure within that time, providing a statement, in writing,
within 20 business days of such acknowledgment specifying the reason
for the inability to do so and a date certain, within a reasonable
period under the circumstances of the request, when the request will
be granted in whole or in part.
D.
In determining a reasonable time for granting or denying a request
under the circumstances of a request, personnel shall consider the
volume of a request, the ease or difficulty in locating, retrieving
or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed,
the number of requests received by the agency, and similar factors
that bear on the ability to grant access to records promptly and within
a reasonable time.
E.
A failure to comply with the time limitations described herein shall
constitute a denial of a request that may be appealed. Such failure
shall include situations in which an officer or employee:
(1)
Fails to grant access to the records sought, deny access, in writing,
or acknowledge the receipt of a request within five business days
of the receipt of a request;
(2)
Acknowledges the receipt of a request within five business days but
fails to furnish an approximate date when the request will be granted
or denied in whole or in part;
(3)
Furnishes an acknowledgment of the receipt of a request within five
business days with an approximate date for granting or denying access,
in whole or in part, that is unreasonable under the circumstances
of the request;
(4)
Fails to respond to a request within a reasonable time after the
approximate date given or within 20 business days after the date of
the acknowledgment of the receipt of a request;
(5)
Determines to grant a request, in whole or in part, within 20 business
days of the acknowledgment of the receipt of a request, but fails
to do so, unless the agency provides the reason for its inability
to do so, in writing, and a date certain within which the request
will be granted in whole or in part;
(6)
Does not grant a request, in whole or in part, within 20 business
days of the acknowledgment of the receipt of a request and fails to
provide the reason, in writing, explaining the inability to do so
and a date certain by which the request will be granted in whole or
in part; or
(7)
Responds to a request, stating that more than 20 business days is
needed to grant or deny the request, in whole or in part, and provides
a date certain within which that will be accomplished, but such date
is unreasonable under the circumstances of the request.
A.
The
records access officer 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 annually. 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 determine appeals, which shall be identified
by name, title, business address and business phone number.
B.
If requested records are not provided promptly, as required in § 45-6 of this article, such failure shall also be deemed a denial of access.
D.
Any person denied access to records may appeal within 30 days of
a denial.
E.
The time for deciding an appeal by the individual or body designated
to determine appeals shall commence upon receipt of a written appeal
identifying:
F.
A failure to determine an appeal within 10 business days of its receipt
by granting access to the records sought or fully explaining the reasons
for further denial, in writing, shall constitute a denial of the appeal.
G.
The person or body designated to determine appeals shall transmit
to the Committee on Open Government copies of all appeals upon receipt
of appeals. Such copies shall be addressed to:
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Committee on Open Government/Department of State
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1 Commerce Plaza
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99 Washington Avenue
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Albany, NY 12231
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H.
The person or body designated to determine 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 Subdivision F of this section.
B.
Copies
of fewer than 10, regular-sized documents may be provided without
charging a fee.
C.
Fees
for copies may be charged, provided that:
(1)
The fee for copying records shall not exceed $0.25 per page for photocopies
not exceeding nine inches by 14 inches.
(2)
The fee for copies of records that cannot be copied at the New Lebanon
Town Hall because of the size or quality of the records or the volume
to be copied shall be the actual reproduction costs incurred by the
Town.
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.
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.
