[HISTORY: Adopted by the Board of Trustees of the Village
of Cayuga Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-17-2017]
This policy shall provide the terms and procedures for the records
management program of the Village of Cayuga Heights (the "Village").
The records management program shall be overseen by the Village's
Records Management Officer (the "RMO"). The RMO shall be responsible
for administering the noncurrent and archival public records and storage
areas for the Village in accordance with local, state and federal
laws and guidelines. The RMO shall be the Village Clerk or their designee.
A.
The RMO shall have all the necessary powers to carry out the efficient
administration, 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, including
the power to determine:
(1)
If records are obsolete and unnecessary records according to New
York State Records Retention and Disposition Schedules and are thereby
subject to disposition;
(2)
If records include information containing administrative, legal,
fiscal, research, historical or educational value which warrant their
permanent retention; or
(3)
If records are not subject to disposition according to state law.
B.
The RMO 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.
C.
The RMO shall establish guidelines for proper records management
in any department or agency of the Village in accordance with local,
state and federal laws and guidelines.
D.
The RMO shall report annually to the Mayor and the Board of Trustees
on the powers and duties herein mentioned, including, but not limited
to, the cost/benefit ratio of programs effectuated by the RMO.
E.
The RMO shall operate a records management center for the storage,
processing and servicing of all noncurrent and archival records for
all Village departments and agencies.
F.
The RMO shall establish a Village archives and perform the following
functions:
(1)
Advise and assist Village departments in reviewing and selecting
material to be transferred to the Village archives for preservation.
(2)
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.
(3)
Establish and maintain an adequate repository for the proper storage,
conservation, processing and servicing of archival records.
(4)
Promulgate rules governing public access to and use of records in
the archives, subject to the approval of the Records Advisory Board.
(5)
Develop a confidentiality policy for archival records designated
confidential, provided that such policy does not conflict with any
federal or state statutes.
(6)
Provide information services to other Village offices.
(7)
Collect archival materials which are not official Village records
but which have associational value to the Village 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.
(8)
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 RMO. The Board shall consist of the
Village Historian and the Deputy Historian. The Board shall meet periodically
and have the following duties:
A.
Provide advice to the RMO on the development of the records management
program.
B.
Review the performance of the program on an ongoing basis and propose
changes and improvements.
C.
Review retention periods proposed by the RMO for records not covered
by state archives' schedules.
D.
Provide advice on the appraisal of records for archival value, and
to be the final sign-off entity as to what is or is not archival.
A.
A Village department 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.
B.
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.
C.
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 Board of Trustees may authorize legal counsel to 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 unless approval has been obtained from the
RMO. No records shall be destroyed or otherwise disposed of by the
RMO without the express written consent of the department head having
authority.
As used in this chapter, the following terms shall have the
meanings indicated:
Those official records which have been determined by the
RMO and Records Advisory Board to have sufficient historical or other
value to warrant their continued preservation by the Village.
Any documents, books, papers, photographs, maps, plans, sound
recordings, microforms or any other materials, regardless of physical
form or characteristics, made or received pursuant to law or ordinance
or in connection with the transaction of official Village business.
A facility maintained by the Village 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, which facility may be within the Village offices.
The removal by the Village, 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:
The disposal of temporary records by destruction or donation;
or
The transfer of records to the record center/archives for temporary
storage of inactive records and permanent storage of records determined
to have historical or other sufficient value warranting continued
preservation; and
The transfer of records from one Village agency to any other
Village agency.
The planning, controlling, directing, organizing, training,
promotion and management of records disposition, including records
preservation, records disposal and maintenance of records centers
or other storage facilities.
Making information in records available to any Village agency
for official use or to the public.
Notwithstanding any term or provision of this policy to the
contrary, any records of the Village Police Department, any records
of the Village Fire Department and any records of the Village Court
shall be excluded from the coverage of this policy, and such records
of the Village Police Department, of the Village Fire Department and
of the Village Court shall be maintained, preserved, and/or disposed
of by, respectively, the Village Police Department, the Village Fire
Department and the Village Court in accordance with applicable state
and federal law and regulations.
[Adopted 1-17-2017]
A.
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.
B.
This policy shall provide 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 Village of Cayuga Heights Board of Trustees is responsible for
ensuring compliance with the regulations herein, and, at its annual
organizational meeting, the Board shall designate the Records Access
Officer for the official year. Until the Board determines otherwise,
the Village Clerk shall be designated as Records Access Officer.
B.
The Records Access Officer shall be responsible for ensuring appropriate
response to public requests for access to records.
C.
The Records Access Officer shall ensure that Village 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 Village
personnel may ascertain the nature of records of primary interest
and attempt to reasonably reduce the volume of records requested.
(6)
Upon request, certify that a record is a true copy; and
Records shall be available for public inspection and copying
at:
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The Village Clerk's Office
Marcham Hall, 2nd Floor
836 Hanshaw Road
Ithaca, NY
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Requests for public access to records shall be accepted and
records produced during all hours that the Village offices are regularly
open for business. These hours are: 9:00 a.m. to 4:30 p.m. Monday
through Friday.
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 internet, the requester shall be
informed that the records are accessible via the Internet and in printed
form either on paper or other information storage medium.
C.
A response shall be given within five business days of receipt of
a request by:
(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 records reasonably described;
(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 Village, 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 Village 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 is
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
Mayor and stating that the Mayor can be contacted at the Village offices.
B.
If requested records are not provided in accordance with § 217-13 of this policy, such failure shall also be deemed a denial of access.
C.
The Mayor of the Village of Cayuga Heights shall determine appeals
regarding denial of access to records under the Freedom of Information
Law. The Mayor can be contacted at the Village offices, 836 Hanshaw
Road, Ithaca, NY, 607-257-1238.
D.
Any person denied access to records may appeal within 30 days of
a denial.
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 determine appeals shall transmit
to the Committee on Open Government copies of all appeals upon receipt
of appeals. Such copies shall be addressed to:
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Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231
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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 Subsection G of this section.
B.
Copies may be provided without charging a fee.
C.
Fees for copies may be charged, provided that:
(1)
The fee for copying records shall not exceed $0.25 per page for photocopies
not exceeding nine inches by 14 inches;
(2)
The fee for photocopies of records in excess of nine inches by 14
inches shall not exceed the actual cost of reproduction; or
(3)
The Village has the authority to redact portions of a paper record
and shall do so prior to disclosure of the record by making a photocopy
from which the proper redactions are made.
D.
The fee the Village may charge for a copy of any other record is
based on the actual cost of reproduction and may include only the
following:
(1)
An amount equal to the hourly salary attributed to the lowest paid
employee who has the necessary skill required to prepare a copy of
the requested record, but only when more than two hours of the employee's
time is necessary to do so; and
(2)
The actual cost of the storage devices or media provided to the person
making the request in complying with such request; or
(3)
The actual cost to the Village of engaging an outside professional
service to prepare a copy of a record, but only when the Village's
information technology equipment is inadequate to prepare a copy,
and if such service is used to prepare the copy.
E.
When the Village has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from non-electronic records, the Village shall retrieve or extract such record or data electronically. In such case, the Village may charge a fee in accordance with Subsection D(1) and (2) above.
F.
The Village shall inform a person requesting a record of the estimated
cost of preparing a copy of the record if more than two hours of agency
Village employee's time is needed or if it is necessary to retain
an outside professional service to prepare a copy of the record.
G.
The fee for copying or reproducing a record must be paid by the person
making the request to the Village in advance of the preparation of
such copy.
H.
The Village may waive a fee in whole or in part when making copies
of records available.
A notice containing the title or name of the Records Access
Officer and appeals person and the location where records can be seen
or copied shall be posted in a conspicuous location at the Village
offices.
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PUBLIC NOTICE
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YOU HAVE A RIGHT TO SEE PUBLIC RECORDS
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The amended Freedom of Information Law, which took effect on
January 1, 1978, gives you the right of access to many public records.
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The Village of Cayuga Heights has adopted a policy governing
when, where, and how you can see public records.
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The policy can be seen at, and records can be seen and copied
at, the Village offices, 836 Hanshaw Road, Ithaca, NY.
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The following officials can help you to exercise your right
to access:
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Records Access Officer:
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Village Clerk
836 Hanshaw Road, Ithaca, NY
info@cayuga-heights.ny.us
607-257-1238
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If you are denied access to a record, you may appeal to:
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Mayor
836 Hanshaw Road
Ithaca, NY
607-257-1238
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