The purpose of this chapter is to establish a procedure by which formally
adopted policies and administrative rules are collected and maintained in
a format that provides easy access for the public. The repository created
by this chapter supplements other resources that are maintained independently,
such as the Code of the City of Albany.
As used in this chapter, the following terms shall have the meanings
indicated, unless the context clearly requires otherwise:
ADMINISTRATIVE RULE
Binding requirements, rules, regulations or procedures (other than
documents or portions thereof exempt from disclosure under Article 6 of the
Public Officers Law) that are formally adopted by the Common Council or a
City official pursuant to rule-making authority expressly delegated by the
Council. An administrative rule must state in its text that it is an "administrative
rule."
BINDING CITY POLICY
Statements of the Common Council, expressed in a resolution, that
are directed to future decision-making or procedure and have binding effect
or serve as mandatory approval criteria. Such resolutions must state in their
text that they are "binding City policy." Examples include policies establishing
requirements for City employees or other matters regulating the City's
budget and internal management.
CITY OFFICIAL
Any Commissioner, department, office or division head or the administrative
entities thereunder.
DEPARTMENT POLICY
A requirement or procedure adopted by a City official in the absence
of formally delegated rule-making authority that has binding effect on a department,
office or division. Examples include department-specific work rules and administrative
procedures. Department policies are maintained and documented by the individual
department, office or division.
FORMALLY ADOPTED
Adopted by Common Council or by another City official pursuant to
procedures contained in a delegation of authority from the Common Council.
LEGISLATION
Municipal law, enacted by ordinance or local law. Legislation is
codified and maintained separately in the Albany City Code.
NONBINDING CITY POLICY
A statement of the Common Council's opinion that does not have
binding effect or serve as mandatory approval criteria for future decision-making.
[Amended 6-4-2007 by Ord. No. 62.52.07]
The City Clerk shall create an index of documents in the PDR, organized
by subject matter and by any additional methods deemed appropriate by the
City Clerk, to assist citizens with identifying and locating documents. The
City Clerk may also, at his or her discretion, provide automated tools for
searching documents.
Although retaining flexibility in the format of individual policy documents
is preferred, the City Clerk is authorized to establish a standard format
for documents that are retained in the PDR, to facilitate compilation and
use of those documents by the public. Bureaus are authorized to reformat documents
to comply with the City Clerk's requirements without engaging in rulemaking
procedures, so long as the reformatting does not result in substantive changes.
Documents kept in the PDR are not legislation. Rules and policies establishing
requirements for City employees or other matters regulating the City's
budget and internal management are binding on City bureaus and employees.
Administrative rules are binding pursuant to the delegation of authority under
which the rules were adopted.
Documents required to be filed in the PDR represent a small percentage
of the documents used in the performance of the City's business. Nothing
in this chapter is intended or shall be construed as limiting the availability
or effect of documents that are not required to be filed in the PDR.