[HISTORY: Adopted by the Town Board of the Town of Verona
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-5-1978 (Ch.
42, Art. I, of the 1998 Code)]
The following rules are adopted for use by the Town of Verona
to regulate public access to municipal records. The intent of these
rules is to develop an orderly process whereby the public may request
access to the records of the Town and simultaneously assure that Town
personnel may be reasonably expected to react to those requests on
a timely basis and in conformance with law.
When used in these rules, the terms hereinafter set forth shall
be interpreted in accordance with the following definitions:
The Town of Verona and its departments, divisions, offices,
bureaus and boards or commissions created or appointed by the Town
Board of the Town of Verona.
The same meaning as set forth in Subdivision 4 of § 86
of the Public Officers Law.
The records access officer and his authorized representative.
A.
The Freedom of Information Law requires that each municipality make
and publish rules and regulations pertaining to public access to records.
These rules have been adopted with the intent that they be the least
restrictive possible in consonance with the needs of the public, the
news media, the municipality and the legislative intent of providing
public access to records.
B.
The purpose and scope of this article is as follows:
(1)
The people's right to know the process of government decision-making
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.
(2)
This part provides information concerning the procedures by which
records may be obtained from agencies and municipalities. No agency
or municipality regulation shall be more restrictive than this part.
(3)
Agency and municipal personnel shall furnish to the public the information
and records required by the Freedom of Information Law and those which
were furnished to the public prior to its enactment.
(4)
Any conflicts among laws governing public access to records shall
be construed in favor of the widest possible availability of public
records.
For the purposes of these rules, the Town Supervisor is designated
as the Town fiscal officer who has custody of all records pertaining
to employee payrolls. Upon receiving a request upon the form prescribed,
the fiscal officer, with the permission of the records access officer,
will permit inspection of the municipality payroll records and will
provide a certified copy if requested.
A.
The head of an agency or municipality shall be responsible for ensuring
compliance with the regulations herein and shall designate one or
more persons as records access officer by name or by specific job
title and business address, who shall have the duty of coordinating
the agency's or municipality's response to public requests
for access to records. However, the public shall not be denied access
to records through agency and municipal officials who have in the
past been authorized to make records or information available.
The office of the Town Clerk is hereby designated as the location
within the Town of Verona from which all records of the municipality
will be made available. All requests for access to records should
be submitted to the records access officer at the Clerk's office located
at 6600 Germany Road, Durhamville, New York 13054.
Records of the municipality will be made available for public
inspection and copying during the hours of 9:00 a.m. to 4:00 p.m.
each day the Town Clerk's office is regularly open for business.
In order to assume that the public is informed how to request
access to public records, the following information will be conspicuously
posted at the Town Hall and will be published once, at least not later
than 30 days after the adoption of these rules, in a newspaper with
general circulation in the municipality and at such other times as
the Town Board may from time to time order.
A.
The name, title, business address and business telephone number of
the designated records access officer.
B.
Where and when public records will be made available for inspection
and copying.
C.
The right of appeal by an applicant denied access to a record for
whatever reason and the name and business address of the person to
whom an appeal is to be directed.
D.
The fees, to the extent authorized by these rules or other statute,
for copies of such information.
E.
The procedures to be followed.
A.
The municipality retains the authority to specify how requests shall
be processed and has established separate procedures for different
types of records.
B.
The municipality on request for identifiable records made in accordance with these rules shall make the records promptly available to any persons, and, upon payment of fees set forth in § 70-8, either make one or more transcripts therefrom, and certify to the correctness thereof, and to the search for such records, or certify that a record cannot be found. The records access officer, upon receipt of a request, oral or written, for access to records shall promptly:
(1)
Assist the applicant in identifying the records he is seeking.
(2)
Search for identifiable record.
(3)
Upon locating the record, take one of the following actions:
(a)
Review such records and delete any information which would constitute
an unwarranted invasion of personal privacy and thereafter make the
record promptly available for inspection or schedule an appointment
for inspection, and make records promptly available for inspection;
or
(b)
Deny access to the record in whole or in part and explain in
writing the reasons therefor.
(5)
Upon request, certify to the correctness of the records copied.
C.
An agency or municipal official shall respond promptly to a request
for records. Except under extraordinary circumstances, his response
shall be made no more than five working days after receipt of the
request by the agency or municipality, whether the request is oral
or in writing.
D.
If for any reason more than five days is required to produce records,
an agency or municipal official shall acknowledge receipt of the request
within five working days after the request is received. The acknowledgment
should include a brief explanation of the reason for delay and an
estimate of the date production or denial will be forthcoming.
E.
So that agency and municipal personnel can locate records within
a reasonable period of time, a request for access to records should
be sufficiently detailed to identify the records. Where possible,
the requester should supply information regarding dates, titles, file
designations or other information which may help identify the records.
F.
A request for any or all records falling within a specific category
shall conform to the standard that records be identifiable.
G.
No records may be removed by the requester from the officer where
the record is located without the permission of agency or municipal
personnel.
The following records of the municipality will be made available
for public inspection:
A.
Final opinions, including concurring and dissenting opinions, as
well as order, made in the adjudication of cases.
B.
Those statements of policy and interpretations which have been adopted
by the municipality and any documents, memoranda, data or other materials
constituting statistical or factual tabulations which led to the formulation
thereof.
C.
Minutes of meetings of the governing body, if any, of the municipality
and of public hearings held by the municipality.
D.
Internal or external audits and statistical or factual tabulation
made by or for the municipality.
E.
Administrative staff manuals and instruction to staff that affect
members of the public.
F.
An itemized record setting forth name, address, title and salary
of every officer or employee shall be compiled by the fiscal officer
charged with the duty of preparing payrolls for such officers and
such records shall be made available for inspection by the officer
charged with the duty of certifying such payrolls to bona fide members
of the news media upon written notice. Such records may be inspected
under the supervision of the fiscal officer's office and only
in the fiscal officer's office during regular working hours and
regular working days or at such other place as may be convenient to
the fiscal officer.
G.
Final determinations and dissenting opinions of members of the governing
body, if any, of the municipality, including the vote of each member
in every instance he votes.
H.
Any other files, records, papers or documents required by any other
provision of law to be made available for public inspection and copying.
The following records of the municipality will not be made available
for public inspection:
A.
Those records which are specifically exempted by statute.
B.
Confidentially disclosed information for the regulation of commercial
enterprise, including trade secrets, or for obtaining a license to
do business and which if openly disclosed would permit an unfair advantage
to competitors (but no exemption if disclosure is directed by another
statute).
C.
Records compiled for law enforcement purposes in relation to criminal
or regulatory investigations or proceedings.
D.
Intermunicipal or intramunicipal documents or memorandum used solely
as advisory matter for policy making or employee-employer negotiations.
E.
Personal references listed by applicants on employment application.
F.
Those records which would be an unwarranted invasion of personal
privacy. An unwarranted invasion of personal privacy includes, but
shall not be limited to:
(1)
Disclosure of such personal matters as may have been reported in
confidence to an agency or municipality and which are not relevant
or essential to the ordinary work of the agency or municipality.
(2)
Disclosure of employment, medical or credit histories or personal
references of applicants for employment, except such records may be
disclosed when the applicant has provided a written release permitting
such disclosure.
(3)
Disclosure of items involving the medical or personal records of
a client or patient in a hospital or medical facility.
(4)
The sale or release of lists of names and addresses in the possession
of any agency or municipality if such lists would be used for private,
commercial or fund-raising purposes.
(5)
Disclosure of items of a personal nature when disclosure would result
in economic or personal hardship to the subject party and such records
are not relevant or essential to the ordinary work of the agency or
municipality.
G.
Scores of employees on civil service examinations.
A.
Any individual who is denied access to a public record of the municipality
may appeal such denial to the Supervisor. When a request is first
denied, the applicant will be given written notice of such denial
and of the right to appeal to the Supervisor, who will explain the
reason for denial in writing within seven business days of receipt
of the appeal or who may grant access to the public record.
B.
The Town Board of the Town of Verona will automatically review all
denials sustained by the Supervisor, and said Board shall have the
authority, by majority vote, to overrule the decision of the Supervisor
and grant access to the public record. Such automatic review will
take place at the next regularly scheduled meeting of the Board.
A.
In order to aid the public in identifying records and to assist municipal
personnel in finding requested records with reasonable effort, a detailed
listing of municipal records, by subject matter, is retained for public
use by the records access officer. Said list is to be kept current
and shall include all records which shall be produced, filed or first
kept or promulgated after the effective date of the Freedom of Information
Law which was September 1, 1974, and the list may include identifying
information as to any records in the Town's possession before
September 1, 1974.[1]
B.
The subject matter list shall be updated periodically, and the date
of the most recent updating shall appear on the first page. The updating
of the subject matter list shall not be less than semiannual.
[Adopted 3-6-1989 (Ch.
42, Art. II, of the 1998 Code)]
That 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.
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.