[HISTORY: Adopted by the Council of the City
of Beacon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-16-1992 by L.L. No. 2-1992]
The purpose of these regulations is to set forth the methods and procedures governing the availability, location and nature of those records of the City of Beacon subject to the provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law."
For the purposes of these regulations, any information
kept, held, filed, produced or reproduced by, with or for the City
of Beacon, in any physical form whatsoever, including but not limited
to reports, statements, examinations, memoranda, opinions, folders,
files, books, manuals, pamphlets, forms, papers, designs, drawings,
maps, photos, letters, microfilms, computer tapes or discs, rules,
regulations or codes, shall be subject to disclosure in accordance
with the provisions herein.
A.
The City Clerk of the City of Beacon shall be the
custodian of the City records and, as such, is hereby declared to
be the records access officer (referred to as the "RAO").
B.
Procedure for obtaining records.
(1)
Any person wishing to inspect and/or obtain a copy
of any such record may make application to the records access officer.
Such application shall be in writing on a form to be prescribed by
the records access officer. Blank forms may be obtained from the records
access officer either personally or by mail addressed to the Municipal
Building. Completed forms may be submitted to the records access officer
either personally at such office during City office hours or by mail
addressed to such office or to such other office as the records access
officer may specify on the application form.
(2)
Upon receipt of such application, in the proper form
and at the appropriate time, the records access officer shall search
for the record requested. The records access officer shall, within
five business days of the receipt of a written request for a record
reasonably described, make such record available to the person requesting
it, deny such request in writing or furnish a written acknowledgment
of the receipt of such request and a statement of the approximate
date when such request will be granted or denied.
(3)
Upon payment of, or offer to pay, the fee prescribed
therefor, the records access officer shall provide a copy of such
record and certify to the correctness of such copy or shall certify
that he does not have possession of such record or that such record
cannot be found after a diligent search. The records access officer
may, in his discretion, waive compliance with any formality prescribed
by this section, including the use of application forms prescribed
by the records access officer.
A.
On behalf of the City of Beacon, the records access
officer shall maintain and make available for inspection and copying
at the Municipal Building a current list, reasonably detailed by subject
matter, of the types of records produced, filed or first kept in the
City of Beacon on and after the effective date herein. Such list shall
be in conformity with such regulations as may be promulgated by the
Committee on Public Access to Records. Any person desiring a copy
of such list may request a copy thereof personally or by mail, and
one shall be supplied to him.
B.
Every board, office, council or commission heretofore
or hereafter established by the Council shall maintain and make available
for public inspection a record of the final votes of each member in
every proceeding in which he votes.
C.
The City Clerk shall maintain a record setting forth
the name, public office address, title and salary of every officer
or employee of the City of Beacon. This record shall be made available
for public inspection and copying by the records access officer.
The fee for photocopies of records shall be
$0.25 per page not exceeding nine inches by 14 inches in size. The
fees for other types of copies or transcripts and for certificates
shall be such reasonable amounts as the records access officer shall
establish. The fees charged by the records access officer for records
shall not exceed the actual cost of reproducing such record, except
when a different fee is otherwise prescribed by law.
A.
In accordance with the provisions of the Public Officers
Law and in conformity with such guidelines as may be promulgated by
the Committee on Public Access to Records regarding the prevention
of unwarranted invasions of personal privacy, the records access officer
may delete from any record identifying details, the disclosure of
which would result in an unwarranted invasion of personal privacy,
prior to making such record available for inspection and/or copying.
An unwarranted invasion of personal privacy includes, but shall not
be limited to, the following:
(1)
Disclosure of such personal matters as may have been
reported in confidence to any agency or municipality and which are
not relevant or essential to the ordinary work of the agency or municipality.
(2)
Disclosure of employment, medical or credit histories
or personal references of applicants for employment, except that such
records may be disclosed when the applicant has provided a written
release permitting such disclosure.
(3)
Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility.
(4)
The sale or release of lists of names and addresses
in the possession of any agency or municipality if such lists would
be used for commercial or fund-raising purposes.
(5)
Disclosure of items of a personal nature when disclosure
would result in economic or personal hardship to the subject party
and such records are not relevant or essential to the ordinary work
of the agency or municipality.
B.
In the event that the record is such that personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in § 55-7 of this article.
C.
Unless otherwise provided in this article, disclosure
shall not be construed to constitute an unwarranted invasion of personal
privacy:
[Amended 8-20-2012 by L.L. No. 20-2012]
A.
The
records access officer shall make available for public inspection
and copying all records, except that the records access officer may
deny access to records or portions thereof that:
(1)
Are specifically exempted from disclosure by state or federal statute.
(2)
If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of § 55-6.
(3)
If disclosed, would impair present or imminent contract awards or
collective-bargaining negotiations.
(4)
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)
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.
(d)
Reveal criminal investigative techniques or procedures, except routine
techniques or procedures.
(6)
If disclosed, would endanger the life or safety of any person.
(8)
Are examination questions or answers which are requested prior to
the final administration of such questions.
B.
If the records access officer determines that an application to inspect and/or copy records pertains to information not exempt from disclosure under Subsection A hereof, he shall grant the application. If the records access officer determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure in accordance with Subsection A hereof, he shall deny such application. In denying any application to inspect and/or copy records, the records access officer shall indicate his reason for such denial and shall advise the applicant of his right to appeal such denial to the City Administrator.
[Amended 8-20-2012 by L.L. No. 20-2012]
A.
Any person whose application to inspect and/or copy records has been denied pursuant to § 55-7 of this article may appeal such denial to the City Administrator within 30 days of the denial. Such appeal must be in writing and must set forth the name and address of the applicant, the specific records requested, the date of the denial and the reasons given for such denial.
B.
The
City Administrator shall forward a copy of the appeal to the New York
State Committee on Open Government and the City Council. The City
Administrator shall, within 10 days after the receipt of the written
appeal, unless extended by agreement of the appealing party, either
produce the records sought or redacted portions thereof, or issue
a formal response explaining why the records shall not be produced.
The City Administrator shall forward a copy of his/her determination
to the New York State Committee on Open Government and the City Council.
C.
An
appeal from a determination by the City Administrator pursuant to
this section may be made reviewed pursuant Article 78 of the New York
State Civil Practice Law and Rules.
[Adopted 6-17-1991 by L.L. No. 3-1991]
The City of Beacon, in accordance with state
laws, firmly establishes the City's lasting commitment to all ongoing
systematic records programs, and this is to be a continuing administrative
function. It is the responsibility of all government employees to
contribute to the accomplishment of the program objectives.
The objectives of the program should be to:
A.
Facilitate the creation of usable records containing
accurate and complete information.
B.
Save tax dollars through efficient administration
of information resources.
C.
Prevent the creation of unnecessary records.
D.
Make recorded information available and readily accessible
when needed, thereby minimizing time spent searching for files and
documents.
E.
Ensure the systematic legal disposition of obsolete
records.
F.
Encourage the lasting survival of archival records:
those identified as having sufficient legal, administrative, fiscal
or historical value to warrant their permanent retention.
The records management program is directly under
the duties of the City Administrator.
As used in this article, the following terms
shall have the meanings indicated:
The control of, and responsibility for, records owned by
the local government, regardless of their location.
Any book, paper, map, photograph or other information-recording
device, regardless of physical form or characteristic, that is made,
produced, executed or received by any local government or offices
thereof pursuant to law or in connection with the transaction of public
business.
The local officer charged with the responsibility to develop
and coordinate the local records management program in accordance
with § 57.19 of the Arts and Cultural Affairs Law.
An ongoing, coordinated, administrative effort to systematically
manage a local government's records from initial creation to final
disposition. A records management program includes but is not limited
to: the legal disposition of obsolete records; the identification
and administration of and access to records of enduring value; filing
and indexing systems; the use of computer or other technology in information
creation, manipulation and storage; the storage and management of
inactive records no longer needed for the conduct of day-to-day business
in the office; the microfilming of records; the oversight of the creation
and use of forms, correspondence and other records; and the provision
for protecting vital records.
Those records worthy of permanent retention and special administration
because of the importance of the information they contain for continuing
administrative, legal or fiscal purposes or for historical or other
research.
Those records of a local government that are essential to
its continuing operation. "Vital records" is not used in this context
to mean official birth, death or marriage records which are state
records and duplicate those held by the state.
The general elements of a records management/archival
administration program include:
A.
Surveying existing records to determine which ones
may be transferred to inactive storage. Inactive storage is for those
records no longer required for the conduct of current business, but
whose retention periods have not expired. A survey will determine
which records are worthy of permanent retention as well as those obsolete
records which may be disposed of. Guidelines and procedures governing
the disposition of records are listed in State Archives' Records Retention
and Disposition Schedules.
B.
Planning for the use of modern technology, including
computers and microfilm, which can be a great benefit to the local
government. An assessment of office requirements is an important aspect
of planning for technological advances. Not every government will
benefit from automation in the same way. The size and financial situation
of the local government must be taken into consideration.
C.
Organizing files and records so that pertinent information
can be readily retrieved by officials or the public. Information should
be indexed, described and accessible.
D.
Developing procedures regarding records management
and archival practices. An internal procedures manual for use by all
office personnel should be developed to provide guidelines for the
handling of records, including how they are filed, where they are
located, whether or not indices exist and when inactive records may
be removed from the office.
A.
Initial designation of records management officer.
(1)
The City Council shall, in writing, designate one
local officer to be records management officer.
(2)
The City Council shall notify the commissioner, in
writing, of the name, title or position in the local government, mailing
address and telephone number of the designated records management
officer within one month of such designation.
B.
Vacancy in the position of records management officer.
(1)
Whenever a vacancy shall occur in the position of
records management officer, a replacement shall be designated within
60 days.
(2)
Within one month of such designation, the governing
body of each local government shall notify the Commissioner of Education,
in writing, of the records management officer's name, title or position
in the local government, mailing address and telephone number.
C.
Duties of the records management officer. The records
management officer shall initiate, coordinate and promote the systematic
management of the local government's records in consultation and cooperation
with other local officers. Duties of the records management officer
shall include but need not be limited to the following;
(1)
Recommending and guiding the development and application
of records management practices for local government employees.
(2)
Coordinating the continuous disposition of obsolete
records in accordance with legal requirements through the adoption
and use of records retention and disposition schedules.
(3)
Recommending to the commissioner suitable retention
periods for any records not covered by records retention and disposition
schedules.
(4)
Coordinating the storage and management of inactive
records, those no longer needed for the conduct of the day-to-day
business of the local government.
(5)
Reviewing and making recommendations on requests for
records storage equipment.
(6)
Participating in the development of, reviewing proposals
for or coordinating any micrographics or automated data processing
systems.
(7)
Organizing or coordinating a program for the identification,
administration and use of records of enduring value.
A.
Membership of the Local Government Records Advisory
Council.
(1)
The Council shall consist of five members selected
with consideration to achieving geographic balance.
(2)
Members shall be appointed for four-year terms, provided
that the initial appointment of the Council shall be for one, two,
three or four years. Terms shall be staggered so that approximately
an equal number of the Council shall be appointed in any subsequent
year.
(3)
The Mayor shall designate the Chairperson of the Local
Government Records Advisory Council. The Chairperson shall serve a
two-year term and may be reappointed.
(4)
Members of the Council shall serve without compensation
but shall be reimbursed for necessary travel expenses.
B.
Duties of the Local Government Records Advisory Council.
The Local Government Records Advisory Council shall meet at least
four times each year and shall have the following responsibilities:
(1)
Reviewing and providing advice on proposed changes
in state legislation, regulations and standards relating to local
government records.
(2)
Reviewing and providing advice on local government
records retention and disposition procedures and on the records retention
and disposition schedules for local governments.
(3)
Reviewing and advising on the development and delivery
of State Archives and Records Administration's services to local governments.
(4)
Encouraging organizations, groups and individuals
to work for improved local government records management programs.
(5)
Carrying out any other responsibilities assigned in
statute.
[Amended 2-1-2021 by L.L. No. 01-2021]
A records retention schedule will be adopted
in accordance with the current records retention and disposition schedules
issued pursuant to Article 57-A of the Arts and Cultural Affairs Law
and as may be amended from time to time.
