[HISTORY: Adopted by Town Board of the Town of Smithtown 12-27-1994 by L.L. No.
8-1994. Amendments noted where applicable.]
The purpose of this Article is to set forth the methods and
procedures governing the availability, location and nature of those
records of the Town of Smithtown subject to the provisions of Article
6 of the Public Officers Law, known as the "Freedom of Information
Law."
A.
The Town Board of the Town of Smithtown is responsible for ensuring
compliance with the regulations herein and has designated the Town
Attorney as the records access officer.
B.
The records access officer is responsible for ensuring appropriate
agency response to public request for access to records pursuant to
the provisions of the Freedom of Information Law. All requests for
records shall be forwarded to the records access officer for processing.
C.
The records access officer shall ensure that agency personnel:
[Added 10-3-2023 by L.L.
No. 14-2023]
(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 the Town Clerk's office, 99 West Main Street, Smithtown, New York,
and/or other designated locations of retention.
Requests for public access to records shall be accepted and
records shall be produced during the hours that Town offices are regularly
opened for business.
[Amended 10-3-2023 by L.L. No. 14-2023]
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 the 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 are
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.
[Amended 10-3-2023 by L.L. No. 14-2023]
B.
Copies 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 photocopies of records in excess of nine inches by 14
inches shall not exceed the actual cost of reproduction; or
(3)
An agency has the authority to redact portions of a paper record
and does so prior to disclosure of the record by making a photocopy
from which the proper redactions are made.
D.
The fee the Town charges for a copy of any other record is based
on the actual cost of reproduction and may include only the following:
(1)
An amount equal to the hourly salary attributed to the lowest paid
employee who has the necessary skill required to prepare a copy of
the requested record, but only when more than two hours of the employee's
time is necessary to do so; and
(2)
The actual cost of the storage devices or media provided to the person
making the request in complying with such request; or
(3)
The actual cost to the Town of engaging an outside professional service
to prepare a copy of a record, but only when the Town's information
technology equipment is inadequate to prepare a copy, and if such
service is used to prepare the copy.
E.
When the Town has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from nonelectronic records, the Town shall retrieve or extract such record or data electronically. In such case, the Town may charge a fee in accordance with Subsection D(1) and (2) above.
F.
The Town shall inform a person requesting a record of the estimated
cost of preparing a copy of the record if more than two hours of a
Town employee's time is needed, or if it is necessary to retain
an outside professional service to prepare a copy of the record.
G.
The Town may require that the fee for copying or reproducing a record
be paid in advance of the preparation of such copy.
H.
The Town may waive a fee in whole or in part when making copies of
records available.
The records access officer shall, in accordance with this Article,
make available for public inspection all records, except that the
records access officer may deny access to records or portions thereof
which are not subject to disclosure in accordance with the provisions
of Subdivision 2 of § 87 of the Public Officers Law or any
other applicable state or federal statute.
[Amended 10-3-2023 by L.L. No. 14-2023]
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 § 40-5 of this article, such failure shall also be deemed a denial of access.
C.
The Town Board shall determine appeals regarding denial of access
to records under the Freedom of Information Law.
D.
Any person denied access to records may appeal within 30 days of
a denial.
E.
The time for deciding an appeal by the Town Board 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 Town Board 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
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Department of State
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One Commerce Plaza
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99 Washington Avenue, Suite 650
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Albany, NY 12231
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Records are essential to the administration of local government.
They contain the information that keeps government programs functioning.
It is the intent of this Article 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 is intended to document the 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 Town.
As used in this Article, the following terms shall have the
meanings indicated:
Those official records which have been determined by the
records management officer and Advisory Committee to have sufficient
historical or other value to warrant their continued preservation
by the local government.
Any documents, books, papers, photographs, sound records,
microforms or any other materials, regardless of physical form or
characteristics, which are the property of the Town of Smithtown or
which are made or received pursuant to law or in connection with the
transaction of official Town of Smithtown business.
An establishment maintained by the Town of Smithtown 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.
The removal by the Town of Smithtown, 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 transfer of records from one Town agency to any other Town
agency.
[Amended 10-3-2023 by L.L. No. 14-2023]
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.
Making information in records available to any Town of Smithtown
agency for official use or to the public.
There shall be a records management program established under
the aegis of the Town Clerk and headed by the records management officer.
The Town Clerk is designated as the records management officer (RMO)
and will be responsible for administering the current and archival
public records in storage areas for the Town in accordance with local,
state and federal laws and guidelines.
The records management officer shall have the necessary powers
to carry out the efficient administration and 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 Town of Smithtown. The records management officer shall:
A.
Continually survey and examine public records to recommend their
classification so as to determine the most suitable method to be used
for maintaining, storing and servicing them under the following guidelines:
(1)
Records deemed obsolete and unnecessary according to the New York
State Retention and Disposition Schedule are subject to disposition.
(2)
Information containing administrative, legal, fiscal, research, historical
or educational value which warrant their permanent retention.
(3)
Records not yet subject to disposition according to state law.
B.
Establish guidelines for proper records management in any department
or agency of the Town of Smithtown in accordance with local, state
and federal laws and guidelines.
C.
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.
Operate a records center for the storage, processing and servicing
of all noncurrent and archival records for all Town of Smithtown departments
and agencies.
[Amended 10-3-2023 by L.L. No. 14-2023]
E.
Establish a Town of Smithtown archives and perform the following
functions:
(1)
Advise and assist Town of Smithtown departments in reviewing and
selecting material to be transferred to the Town of Smithtown 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 Town of Smithtown offices.
(7)
Collect archival materials which are not official Town of Smithtown
records but which have associational value to the Town of Smithtown
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 no more than five members to be appointed by the
Town Clerk. The Board shall meet periodically and have the following
duties:
A.
To provide advice to the records management officer on the development
of the records management program.
B.
To review the performance of the program on an ongoing basis and
propose changes and improvements.
C.
To review any changes in retention period proposed by the records
management officer for records not covered by the state archives schedules.
D.
To provide advice on the appraisal of records for archival value.
A.
Active records. The originating department has full custody (legal
and physical) over records still in active use.
B.
Inactive records. The originating department is the legal custodian
of its records and shall retain the power to retrieve and use records
deposited in inactive storage in the records center. The RMO will
have physical custody of inactive records and will determine the method
and design of storage.
C.
Archival records. Records transferred to or acquired by the archives
shall be under the full custody (legal and physical) of the archives,
as directed by the RMO, rather than the department which created or
held them immediately prior to being transferred to the archives.
(1)
Records shall be transferred to the archives upon the recommendation
of the RMO, with the approval of the head of the department which
had custody of the records and the approval of the Records Advisory
Board.
(2)
Records may be removed (temporarily or permanently) 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.
No records shall be destroyed or otherwise disposed of by a
department of the Town until it has met the time limit on the State
Records Retention and Disposition Schedule.
A.
The State Records Retention and Disposition Schedule is a schedule
developed and adopted by the Commissioner of Education which establishes
minimum legal retention periods for public records.
B.
Such schedules shall be reviewed and adopted by formal resolution
of the Town of Smithtown prior to the disposition of any records.
C.
If any law specifically provides a retention period longer than established
by the records retention and disposition schedule established herein,
the retention period established by such law shall govern.
D.
In the event that the Town of Smithtown intends to destroy or otherwise
dispose of a record which has met the minimum retention period pursuant
to the State Records Retention and Disposition Schedule, approval
must be received from the records management officer with the express
written consent of the department head having actual authority over
said record.
E.
Following required consents and prior to actual destruction, the
records management officer will allow the Town Historian to review
and/or remove any single document or sampling of documents that are
of historic value to the community.
