[HISTORY: Adopted by the Board of Trustees of the Village
of Interlaken as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-10-1994]
The Records Retention and Disposition Schedule MU-1, issued
pursuant to Article 57-A of the Arts and 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.
In accordance with Article 57-A of the Arts and Cultural Affairs
Law:
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.
B.
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 or confidentiality.
B.
These regulations provide information concerning the procedures by
which records may be obtained.
C.
Personnel shall furnish to the public the information and records
required by the Freedom of Information Law (§ 84 et seq.
of the Public Officers Law), as well as records otherwise available
by law.
D.
Any conflict among laws governing public access to records shall
be construed in favor of the widest possible availability of public
records.
A.
The Board of Trustees of the Village of Interlaken is responsible
for ensuring compliance with the regulations herein and designates
the Village Clerk and, in his or her absence, the Deputy Village Clerk
as records access officer, who shall be responsible for ensuring 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.
Records shall be available for public inspection and copying
at the office of the Village Clerk, Village Hall, Interlaken, New
York.
Requests for public access to record shall be accepted and records
produced during all hours that the Clerk's office is regularly
open for business.
A.
A written request may be required, but oral requests may be accepted.
B.
A response shall be given regarding any request reasonably describing
the record or records sought within five business days of receipt
of the request.
C.
A request shall reasonably describe the record or records sought.
Wherever possible, a person requesting records should supply information
regarding dates, file designations or other information that may help
to describe the records sought.
D.
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 receipt of the
request and a statement of the approximate date when the request will
be granted or denied. If access to records is neither granted nor
denied within 10 business days after the date of acknowledgment of
receipt of a request, the request may be construed as a denial of
access that may be appealed.
A.
The records access officer shall maintain a reasonably detailed current
list by subject matter of all records in his or her 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 not less than twice per
year. 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 hear appeals.
B.
If requested records are not provided promptly, as required in § 34-7D of this article, such failure shall also be deemed a denial of access.
C.
The Board of Trustees shall hear appeals for denial of access to
records under the Freedom of Information Law. Such appeals shall be
made within 30 days of a denial.
D.
The time for deciding an appeal by the body designated to hear appeals
shall commence upon receipt of a written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the request for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 34-7D.
(5)
The name and return address of the requester.
E.
The body designated to hear appeals shall transmit to the Committee
on Open Government copies of all appeals upon receipt of appeals.
Such copies shall be addressed to the Committee on Open Government,
Department of State, 162 Washington Avenue, Albany, New York 12231.
F.
The Board of Trustees 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 in Subsection E of this section.
A notice containing the title or name and business address of
the records access officer and appeals 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.
