[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:
(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:
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 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.
