[HISTORY: Adopted by the Board of Trustees of the Village of Penn
Yan: Art. I, 3-6-1989; Art. II, at time of adoption of
Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
[Adopted 3-6-1989]
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.
Copies of this Article shall be provided to the Village Historian, the
Village Clerk, the County Historian and the Director of the Oliver House Museum.
[Adopted at time of adoption of Code; See Ch. 1, General Provisions,
Art. I.]
A.
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
is basic to our society. Access to such information should not be thwarted
by shrouding it with the cloak of secrecy or confidentiality.
B.
These regulations provide information concerning the
procedures by which records may be obtained.
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 Board of Trustees of the Village of Penn Yan is responsible
for ensuring compliance with the regulations herein, and the Board of Trustees
shall appoint a Records Management Officer to assist said Board in the administration
of this Article.
B.
The Records Management Officer shall be responsible for
ensuring appropriate agency response to public requests for access to records.
The designation of a Records Management 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
Village Office, 3 Maiden Lane, Penn Yan, New York 14527.
Requests for public access to records shall be accepted and records
produced during all hours regularly open for business.
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
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 Management Officer does not provide or
deny access to the records 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. If access to records is neither granted nor denied within
10 business days after the date of acknowledgment of receipt of a request,
the request may be construed as a denial of access that may be appealed.
A.
The Records Management 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 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 not less than
twice per year. 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
individual or body established to hear appeals.
B.
If requested records are not provided promptly, as required in § 148-8D of this Article, such failure shall also be deemed a denial of access.
D.
The time for deciding an appeal by the body designated
to hear appeals shall commence upon receipt of a 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 promptly as required by § 148-8D.
(5)
The name and return address of the requester.
E.
The body designated to hear appeals shall inform the
requester of its decision, in writing, within 10 business days of receipt
of an appeal.
F.
The body designated to hear appeals shall transmit to
the Committee on Open Government copies of all appeals upon receipt of appeals.
Such copies shall be addressed to the Committee on Open Government, Department
of State, 162 Washington Avenue, Albany, New York 12231.
G.
The body designated to hear 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 Public Access to Records in the same manner as set forth in Subsection F of this section.
A notice containing the title or name and business address of the Records
Management Officer and appeals 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.
