[HISTORY: Adopted by the Town Board of the Town of Canandaigua 7-14-2014 by L.L. No.
6-2014.[1] Amendments noted where applicable.]
Records are essential to the administration of local government.
They contain the information that keeps government programs functioning.
It is the intent of this chapter 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.
A.
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.
As used in this chapter, the following terms shall have the
meanings indicated:[1]
Those official records which have been determined by the
Records Management Officer and Records Advisory Committee to have
sufficient historical or other value to warrant the continued preservation
by the Town.
Official files, minutes and documents, books, papers, photographs,
sound recordings, microforms or any other materials, regardless of
physical form or characteristics, made or received pursuant to law
or in conjunction with the transaction of official Town business.
A central storage area maintained by the Records Management
Officer for the storage, servicing, security and processing of records
which must be preserved for varying periods of time.
The removal by the Town of Canandaigua, in accordance with
approved records control schedules, of the records no longer necessary
for the conduct of business by such agency through removal methods,
which may include the disposition of temporary records by destruction
or donation, or the transfer of records to a central storage facility
for records with scheduled retention periods or permanent storage
of records determined to have historical or other sufficient value
warranting continued preservation, or the transfer of records from
one Town agency to another Town agency.
The planning, controlling, directing, organizing, training,
promotion and other managerial activities involved in records creation,
records maintenance and use and records disposition, including records
preservation, records disposal and the records center or other storage
facilities.
Making information in records available to any agency for
official use or to the public.
The Records Management Officer shall have all the necessary
powers to carry out the efficient administration, determination of
value, use, preservation, storage and disposition of the public records
kept, filed or received by the officers and departments of the Town.
A.
The
Records Management Officer shall 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)
Disposition: records deemed obsolete and unnecessary according to
the New York State Retention and Disposition Schedule are subject
to disposition.
(2)
Archival retention: information containing administrative, legal,
fiscal, research, historical or educational value which warrants their
permanent retention.
(3)
Active retention: records not yet subject to disposition according
to state law.
B.
The
Records Management Officer shall establish guidelines for proper records
management in any department of the Town government in accordance
with local, state and federal laws and guidelines.
C.
The
Records Management Officer shall operate a central records management
storage facility for storage, processing and servicing of all Town
records for all Town departments and agencies.
D.
Additional
requirements of the Records Management Officer include but are not
limited to:
(1)
The development of a comprehensive records management program.
(2)
The conduct of an initial survey and analysis of all records, to
be followed up annually with a report of records stored.
(3)
The encouragement and coordination of the continuous legal destruction
of obsolete records through the adoption and use of the State Archive
Record Retention and Disposition Schedules.
(4)
The development of suitable retention periods for records not covered
by the State Records Retention and Disposition Schedules. (Subsequently,
the RMO must secure approval of such retention periods from the New
York State Commissioner of Education and gain adoption from the Town
Board of any proposed changes before the retention period takes effect.)
(5)
The assistance to each department for the establishment of a records
management system to support the overall Town records management program;
encourage the continued efficient management of records within respective
departments.
(6)
The setting up and overseeing of a center for the storage of inactive
records.
(7)
Maintain archival materials which are not official Town records but
which have historical value to the community or a close relationship
to the existing archival collection. This 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)
The coordinating and carrying out or participating in the planning
for development or advanced records management systems and equipment.
(9)
The preparation of special and annual reports for the Town Board
on records management program progress, cost savings and cost avoidance
problems and additional issues.
A.
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 four members, which are the RMO, Town Historian, Town Supervisor
and Deputy Town Clerk.
B.
The
Board shall meet periodically and have the following duties:
(1)
Provide advice to the Records Management Officer on the development
of the records management program.
(2)
Review the performance of the program on an ongoing basis and propose
changes and improvements.
(3)
Review any changes in retention periods proposed by the Records Management
Officer for records not covered by the state archive schedules.
(4)
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.
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 and unless approved of
by 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. Following
required consents and prior to actual destruction, the RMO 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.
The Town Board may take steps to recover local government records
which have been alienated for proper custody and may, when necessary,
institute actions to recover such records.
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, as well as records otherwise
available by law.
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 Town Board of the Town of Canandaigua, Canandaigua, New York,
is responsible for insuring compliance with the regulations herein
and designates the Town Clerk as Records Access Officer.
B.
The Freedom of Information Law, which took effect on January 1, 1978,
gives the public the right of access to public records. The Town Board
of the Town of Canandaigua has adopted regulations governing when,
where, and how the public can see public records. The following officials
will help the RAO exercise the public's right to access public
records:
(1)
Agency officials who have in the past been authorized to make records
available.
C.
Any person denied access to a record may appeal, within 30 days,
in writing, such denial to the Town Board. The Town Board, designated
as the appeal agency for determination of denials, will proceed as
follows:
(1)
The Town Board shall, within 10 business days of the receipt of an
appeal, fully explain in writing to the person requesting the record
the reason for further denial, or the Town Board shall provide access
to the record sought.
(2)
The Town Board shall forward to the Committee on Open Government
a copy of such appeal when received by the Town and shall also forward
to the Committee on Open Government the ensuing determination thereon.
D.
The Records Access Officer is responsible for ensuring appropriate
agency response to public requests for access to records. 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. The Records Access
Officer shall insure that personnel:
(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;
(5)
Upon request for copies of records, make a copy available upon payment
or offer to pay established fees;
(6)
Upon request, certify that a record is a true copy; and
Records shall be available for public inspection at the Canandaigua
Town Hall, 5440 Route 5 and 20 West, Canandaigua, New York 14424.
Requests for public access to records shall be accepted and
records produced during normal business hours. These hours are as
posted at the front entrance to Town Hall and on the Town's website.
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 Town's website, the requester
shall be informed that the records are accessible via the Town's
website and in printed form either on paper or other information storage
medium.
C.
A response shall be given regarding any request reasonably describing
the record or records sought within five business days of receipt
of the request.
(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 reasonably described records;
(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.
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
Town Board.
B.
If requested records are not provided promptly, as required in § 56-13 of this chapter, such failure shall also be deemed a denial of access.
C.
The Town Board of the Town of Canandaigua shall hear appeals for
denial of access to records under the Freedom of Information Law.
D.
Any person denied access to records may appeal in writing to the
Canandaigua Town Board within 30 days of a denial.
E.
The time for deciding an appeal by the Canandaigua 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 person or 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:
|
Committee on Open Government
NYS Department of State
41 State Street
Albany, New York 12231
|
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 in Subdivision G of this section.
B.
Fees for copies shall be in accordance with the fees established
by the Town Board at its annual organizational meeting.
(1)
The fee for copying records shall not exceed $0.25 per page for photocopies
not exceeding nine inches by 14 inches. This section shall not be
construed to mandate the raising of fees where agencies or municipalities
in the past have charged less than $0.25 for such copies.
(2)
The fee for copies of records not covered by the fees established
by the Town Board shall not exceed the actual reproduction cost which
is the average unit cost for copying a record, excluding fixed costs
of the agency such as operator salaries.
A notice containing the title or name and business address of
the Records Access Officer 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 these regulations 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 chapter or the application thereof
to other persons and circumstances.
