[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw at time of adoption of Code; see Ch. 1, General Provisions, Art. I. 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 Village of Warsaw subject to the provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law."
The Board of Trustees is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: the Village Clerk, 15 South Main Street, Warsaw, New York.
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. The designation of the 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.
Records shall be available for public inspection and copying at the village offices, 15 South Main Street, Warsaw, New York.
Requests for public access to records shall be accepted and records shall be produced during the hours that the Village Clerk's office is regularly opened for business.
A written request may be required, but oral requests may be accepted when records are readily available.
A response shall be given within five business days of the receipt of any request reasonably describing the record or records sought.
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.
If the records access officer does not provide or deny access to the records sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of the receipt of the request and a statement of the approximate date when the request will be granted or denied.
If the request is granted, the records access officer shall provide a copy of such record to the person requesting the same upon payment of the fee prescribed therefor and shall certify to the correctness of such copy if requested to do so. Alternatively, the records access officer shall certify that he or she does not have possession of such record or that such record cannot be located after a diligent search.
The fee for copies of records shall be $0.25 per page not exceeding nine inches by 14 inches in size or the maximum fee permitted under the Freedom of Information Law as it may from time be amended. The fees for other types of copies or transcripts and for certificates shall be the reasonable amounts as the records access officer shall establish. The fees charged by the records access officer for records shall not exceed the actual cost of reproducing such record, except when a different fee is otherwise prescribed by law.
The records access officer shall, in accordance with this Article, make available for public inspection and copying 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 or unless the public access officer determines that to grant the application would adversely affect the public interest.
Denial of access to records shall be in writing.
Within 10 business days of the receipt of such appeal, the Mayor shall explain, in writing, to the person requesting the record the reasons for further denial or provide access to the record sought.
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.
- Any documents, books, papers, photographs, sound records, microforms or any other materials, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official Village of Warsaw business.
- RECORDS CENTER
- An establishment maintained by the Village of Warsaw 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.
- A. The removal by the Village of Warsaw, 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:
- B. The transfer of records from one village agency to any other village 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.
- Making information in records available to any Village of Warsaw agency for official use or to the public.
There shall be a records management program established under the aegis of the Village Board of Trustees 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 Warsaw in accordance with local, state and federal laws and guidelines.
The records management officer shall have all 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 Village of Warsaw. 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:
Obsolete and unnecessary records, according to New York State records retention and disposition schedules, thereby subject to disposition;
Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention; or
Records not subject to disposition according to state law.
Establish guidelines for proper records management in any department or agency of the Village of Warsaw in accordance with local, state and federal laws and guidelines.
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.
Operate a records management center for the storage, processing and servicing of all noncurrent and archival records for all Village of Warsaw departments and agencies.
Establish a Village of Warsaw archives and perform the following functions:
Advise and assist Village of Warsaw departments in reviewing and selecting material to be transferred to the Village of Warsaw archives for preservation.
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.
Establish and maintain an adequate repository for the proper storage, conservation, processing and servicing of archival records.
Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Board.
Develop a confidentiality policy for archival records designated confidential, provided that such policy does not conflict with any federal or state statutes.
Provide information services to other Village of Warsaw offices.
Collect archival materials which are not official Village of Warsaw records but which have associational value to the Village of Warsaw 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.
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 Village Board of Trustees. The Board shall meet periodically and have the following duties:
Provide advice to the records management officer on the development of the records management program.
Review the performance of the program on an ongoing basis and propose changes and improvements.
Review retention periods proposed by the records management officer for records not covered by state archives' schedules.
Provide advice on the appraisal of records for archival value and be the final sign-off entity as to what is or is not archival.
The Village Board of Trustees 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.
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.
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 legal department 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 Warsaw 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.