[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:
MUNICIPALITY
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.
RECORD
The same meaning as set forth in Subdivision 4 of § 86
of the Public Officers Law.
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.
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.
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.
[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.