[HISTORY: Adopted by the Town Board of the Town of Van Buren as indicated in article histories. Amendments noted where applicable.]
In accordance with Article 57-A of the Arts and Cultural Affairs Law:
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.
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.
[Added 6-21-2000 by L.L. No. 5-2000]
There is hereby created the Town of Van Buren Records Advisory Board, which shall consist of the Supervisor, Records Management Officer (Town Clerk), the Town historian and two members of the Town Board. The Records Advisory Board shall have the following duties:
Provide advice to the Records Management Officer (RMO) for the development of the records management program.
Review the performance of the program on an ongoing basis and propose changes and improvements.
Provide advice on the appraisal of records for archival value.
Actively support the records management program and promote it among the departments of the Town and in the local community.
Records Management Officer.
Appointment of the RMO. Under the provisions of the Local Government Records Law of 1989, the Town Clerk is automatically the official Records Management Officer for the Town of Van Buren. The Town Board may officially appoint the Town Clerk as Records Management Officer each year as a formality.
Editor's Note: See art. 57-A of the Arts and Cultural Affairs Law.
Duties of the Records Management Officer. The duties of the Records Management Officer shall be to:
Initiate, coordinate and promote the systematic management of the Town of Van Buren's records in consultation and cooperation with other Town officers; also to direct and implement the records management program.
Work with department heads to guide, develop and apply the records management practices for Town offices; also to provide Town personnel with advice and assistance with records management issues.
When needed, develop appropriate forms for the inactive records management program.
Annually review with every department head the departmental records retention schedules prepared from the SARA Records Retention and Disposition Schedule MU-1 which has already been adopted by the Town and to coordinate the system for the orderly disposal of all records to ensure the legal destruction of obsolete records.
Prepare reports on the records management program's progress, cost savings, cost avoidance and problems.
Serve as chairperson of the Records Advisory Board.
Provide appropriate storage for inactive records that have not met their legal retention, and reorganize inactive records in the vault, with consideration of records which may be used by non-staff individuals, e.g., accessibility for research by individuals or developers.
Ensure the preservation of archival records, the sound management of these records and their availability for research.
Consult as necessary with the State Archives and Records Administration (SARA) and other state agencies involved in the supervision of records management or in the creation of records; attend training seminars provided by SARA that relate to the town's records management program.
Prepare and submit applications for grant funding of records management activities to improve the management of Town records.
Participate in developing, reviewing proposals for and coordinating any information relative to technology systems to update the records management program.
The Town will maintain the position of Records Management Coordinator, under the supervision of the Town Clerk, with the following responsibilities:
Upon recommendation of the Records Advisory Board, the Town Board, by resolution, shall establish and adopt a records management manual for the Town of Van Buren setting forth such records management policies and procedures as are appropriate for the Town of Van Buren and consistent with the provisions and objectives of Article 57-A of the New York Arts and Cultural Affairs Law. The Town Board may, from time to time, amend such records management guide upon such further resolution of the Town Board as it may deem appropriate.
These rules and regulations shall be known as the "Records Access Rules of the Town of Van Buren."
These rules and regulations are adopted pursuant to Subdivision 1(a) of § 87 of the Public Officers Law of the State of New York.
This article shall apply to all departments, boards, bureaus, divisions, commissions, committees, offices and other governmental entities, except the judiciary, performing a governmental or proprietary function for the Town of Van Buren.
When used in this article, the terms hereinafter set forth shall be interpreted in accordance with the following definitions:
- The Town of Van Buren and any department, board, bureau, division, commission, committee, council, office or other governmental entity, except the judiciary, performing a governmental or proprietary function for the town.
- APPEAL OFFICER
- The Supervisor of the Town and/or his authorized representatives.
- The party seeking access to a record of the agency.
- EMPLOYMENT RECORDS
- Records setting forth the name, address, job title and salary of every officer or employee of the agency.
- The courts of the state, including any municipal or district court, whether or not of record.
- OPEN RECORDS
- Records made available for public inspection and copying pursuant to this article.
- Any information kept, held, filed, produced or reproduced by, with or for the agency, in any physical form whatsoever.
- RECORD INSPECTION LOCATION
- The office of the records access officer, located at: Van Buren Town Hall, P.O. Box 10, Baldwinsville, New York 13027.
- RECORDS ACCESS RULES
- These rules and regulations controlling public access to the records of the agency and any subsequent amendments thereto.
- UNWARRANTED INVASION OF PERSONAL PRIVACY
- Includes, but shall not be limited to, disclosure of items of a personal nature reported in confidence to the agency and not relevant to the ordinary work of the agency; disclosure of medical or personal credit histories or personal references of applicants for employment; disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility; the sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes; and disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant or essential to the work of the agency requesting or maintaining same; provided, however, that disclosure of the foregoing information shall not be construed to constitute an unwarranted invasion of personal privacy when identifying details are deleted, when the person to whom a record pertains consents, in writing, to disclose or when a properly identified person seeks access to records pertaining to him.
Subject to the provisions of this article, the records access officer shall make all records available for public inspection and copying in accordance with these rules, except that access may deny to records or portions thereof that:
Are specifically exempted from disclosure by state or federal statute.
If disclosed would constitute an unwarranted invasion of personal privacy.
If disclosed would impair present or imminent contract awards or collective bargaining information.
Are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.
Are complied for law enforcement purposes and which, if disclosed, would:
Interfere with law enforcement investigations or judicial proceedings;
Deprive a person of a right to a fair trial or an impartial adjudication;
Identify a confidential source or disclose confidential information relating to a criminal investigation; or
Reveal criminal investigative techniques or procedures, except routine techniques and procedures.
If disclosed would endanger the life or safety of any person.
Are examination questions or answers which are requested prior to the final administration of such questions.
Employment records. The fiscal officer shall cause to be compiled and itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
Voting records. Each department, board, commission, council, committee or other body of the Town shall maintain a record of the final vote of each member in every proceeding in which the member votes.
Subject lists. Each department, board, bureau, division, commission, committee, council, office or other governmental entity performing a governmental or proprietary function for the Town shall prepare and maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not such records are open records, and shall forward a copy of such list to the records access officer.
The following rules and regulations are made in conformity with the provisions of Article 6 of the Public Officers Law to regulate and control public inspection and copying of open records.
Employment records. Requests for access to employment records shall be made in writing upon a form to be supplied by the Town to the Town Bookkeeper at the record inspection location during all times that the office of the bookkeeper is regularly open for business. Such requests shall be processed by the fiscal officer as provided herein.
Open records. Requests for access to open records other than employment records shall be made in writing upon a form to be provided by the Town to the records access officer at the record inspection location during all that the office of the records access officer is regularly open for business.
Procedure. All requests for records shall reasonably describe the record or records sought. Whenever possible, the applicant should supply information regarding dates, file designations or other information that may help describe the records sought. Upon receipt of a proper written request for access to records, the appropriate officer responsible for processing the same shall immediately cause a copy of the request to be forwarded to the Town Attorney and Town Supervisor. The appropriate officer shall respond to said request within five business days of receipt of the request. If the appropriate officer does not provide or deny access to the record sought within said period of five business days, he/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. Upon locating an identifiable record, the appropriate officer responsible for processing such request shall review such record and:
If such record shall be an open record, such officer shall schedule an appointment with the applicant for inspection of such record or, in the discretion of the official, be given copies of such records upon the payment of the appropriate fee.
If such officer shall deny access to such record, such officer shall supply the applicant with a written denial of access stating the reason for such denial and advising the applicant of the name, title, business address and business telephone number of the appeal officer and further advising the applicant of his or her right to appeal to the appeal officer.
Procedure for copying. Should the applicant be granted access to an open record and should the applicant desire a copy of said open record, the applicant shall request that the appropriate officer responsible for access to such record make such copy. Upon such request by the applicant to make such copy, plus the payment by the applicant of the appropriate fees for such copy, the appropriate officer required to provide access to such record shall make such copy of such open record. The appropriate officer making such copy shall charge a fee as set from time to time by resolution of the Town Board to cover the cost of making copies.
[Amended 1-4-2005 by L.L. No. 1-2005]
Procedure for certification of copy. Upon the request of the applicant, the records access officer shall certify the correctness of any records copies.
Procedure if access is denied. Should access to an open record be denied the applicant by the records access officer, the applicant may appeal such denial pursuant to the provisions of this article.
Any applicant denied access to a record or records of the agency may, within 30 days of a denial, appeal such denial to the appeal officer.
Upon an appeal of a denial of access to a record or records of the agency, the appeal officer shall promptly decide whether to uphold the decision of the records access officer or bookkeeper denying access to such record or records, or whether to overrule such denial and schedule an appointment with applicant for inspection of such record.
Notice of the appeal and of such decision shall be forwarded to the Committee on Public Access to Records of the State of New York, and notice of such decision shall be given, in writing, to the applicant, within seven business days after such decision is rendered. Should the appeal officer decide to uphold the denial of access to such records, he shall fully explain his reasons, in writing, for such denial.
No public record shall be removed at any time from the lawful custody of any public office charged with the duty of maintaining such public record.
In the event that a request for an open record cannot be met because such open record is being used for current working purposes, the applicant shall be advised of such fact, and every effort will be made to arrange a specific time when such open record will be available.