Town of Lockport, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lockport 12-3-2003 by L.L. No. 6-2003. Amendments noted where applicable.]
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. In accordance with Article 57-a:
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.
These rules and regulations are adopted pursuant to Article 6 of the Public Officers Law to regulate access to the records of the Town of Lockport. They may be amended from time to time by resolution of the Town of Lockport Town Board.
A. 
The following records, pursuant to Town and state law, are not accessible to the public:
(1) 
Those which are specifically exempted from disclosure by state or federal statute.
(2) 
Those which, if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of Subdivision 2 of § 89 of the Public Officers Law.
(3) 
Those which, if disclosed, would impair present or imminent contract awards or collective bargaining negotiations.
(4) 
Those which 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.
(5) 
Those which are compiled for law enforcement purposes and which, if disclosed, would:
(a) 
Interfere with law enforcement investigations or judicial proceedings;
(b) 
Deprive a person of a right to a fair trial or impartial adjudication;
(c) 
Identify a confidential source or disclose confidential information relating to a criminal investigation; or
(d) 
Reveal criminal investigative techniques or procedures, except routine techniques and procedures.
(6) 
Those which, if disclosed, would endanger the life or safety of any person.
(7) 
Those which are interagency or intra-agency materials which are not:
(a) 
Statistical or factual tabulations or data;
(b) 
Instructions to staff that affect the public;
(c) 
Final agency policy or determinations; or
(d) 
External audits, including but not limited to audits performed by the Comptroller and the federal government.
(8) 
Those which are examination questions or answers which are requested prior to the final administration of such questions.
(9) 
Those which are computer access codes.
B. 
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 Lockport is responsible for ensuring compliance with the regulations herein and designates the Town Clerk as Records Access Officer.
B. 
The Records Access Officer is responsible for ensuring appropriate agency response to public requests for access to records in accordance with Article 6, Freedom of Information Law, of the Public Officers Law, and with these regulations. The designation of 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.
Records shall be available for public inspection and copying at the office of the Town Clerk.
Requests for public access to records shall be accepted and records produced during all hours the Town Clerk's office is regularly open for business.
The following procedure shall apply when requesting records:
A. 
A written request is required.
B. 
A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.
C. 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
D. 
If the Records Access Officer does not provide or deny access to the record sought within five business days of receipt of a request, he or 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, and thereafter, by such date, he or she shall either provide the record or deny the request.
The Records Access Officer shall maintain a reasonably detailed current list by subject matter of all records in his or her possession, whether or not records are available under the Freedom of Information Law.
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 individual or body established to hear appeals.
B. 
If requested records are not provided as required in § 36-7D of this article, such failure shall also be deemed a denial of access.
C. 
The following person or persons or body shall hear appeals from denial of access to records under the Freedom of Information Law: the Town Supervisor of the Town of Lockport.
D. 
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the request for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or due to failure to provide records as required by § 36-7D.
(5) 
The name and return address of the requester.
E. 
The individual or body designated to hear appeals shall inform the requester of his or its decision, in writing, within 10 business days of receipt of an appeal.
F. 
The person or body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals and ensuing determinations thereon. Such copies shall be addressed to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
B. 
Copies of records shall be provided according to the following fee schedule:
(1) 
The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.
(2) 
The fee for copies of records other than photocopies which are nine inches by 14 inches or less shall be the actual copying cost, excluding fixed agency costs, such as 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.