[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-17-1998 by L.L. No. 7-1998]
It is the intent of the Village of Briarcliff Manor to establish a comprehensive records management program for the administration of inactive and archival public records and storage areas for the Village of Briarcliff Manor in accordance with all applicable local, state and federal laws and guidelines.
As used in this article, the following terms shall have the meanings indicated:
ARCHIVES
Official records which have been determined by the Records Management Officer to have sufficient historical or other value to warrant their permanent preservation by the Village of Briarcliff Manor.
RECORDS
Any documents, books, papers, photographs, sound recordings, or any other materials, regardless of physical form or characteristic, made or received pursuant to law or in connection with the transaction of official Village of Briarcliff Manor business.
RECORDS ADVISORY BOARD
A board designated to work with and provide advice to the Records Management Officer.
RECORDS CENTER
A central storage area maintained by the Records Management Officer for the storage, servicing, security and processing of records which must be preserved for varying periods of time.
RECORDS DISPOSITION
The removal by the Village of Briarcliff Manor, in accordance with approved records control schedules, of the records no longer necessary for the conduct of business by such agency through removal methods which may include the disposition of temporary records by certified destruction or donation or the transfer of records to a designated central storage facility for records with scheduled retention periods or permanent storage of records determined to have historical or other sufficient value warranting continued preservation.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion and other managerial activities involved in records creation, records maintenance and use and records disposition, including records preservation, records disposal and the records center or other storage facilities.
RECORDS MANAGEMENT OFFICER (RMO)
The Village Clerk in this role known herein as "RMO" will be responsible for administering the inactive and archival public records and records center in accordance with local, state and federal laws and guidelines.
SERVICING
Making information in records available for public access to any agency for official use or to the public.
A. 
The RMO shall continually survey and examine public records to recommend their classification so as to determine the most suitable method to be used for maintaining, storing and servicing them under the following guidelines:
(1) 
Disposition. Records deemed obsolete and unnecessary according to the New York State Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, are subject to disposition.
(2) 
Archival retention. Records containing information with administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention are subject to archival retention.
(3) 
Active retention. Records not yet subject to disposition according to state law are subject to active retention.
B. 
The RMO shall establish guidelines for proper records management in any department of the Village government in accordance with local, state and federal laws and guidelines.
C. 
The RMO shall report annually to the Village Manager on the powers and duties herein mentioned, including but not limited to the development and progress of programs to date and planned activities for subsequent years.
D. 
The RMO shall operate a central records center for storage, processing and servicing of all Village records for all Village departments.
E. 
Additional requirements for the RMO include but are not limited to:
(1) 
Setting up and overseeing a records center for the storage of inactive records.
(2) 
Development of a comprehensive records management program which shall include advising and assisting Village departments in reviewing and selecting material to be transferred to the records center and to the continued efficient management of records within respective departments.
(3) 
Conduct of an initial survey and analysis of all records, to be followed up annually with a report of records stored.
(4) 
Encouragement and coordination of the continuous legal destruction of obsolete records through the adoption and use of the State Archive Records Retention and Disposition Schedule MU-1.
(5) 
Establish and maintain an adequate repository within the records center for the proper storage, conservation, processing, and servicing of archival records.
(6) 
Development of suitable retention periods for records not covered by the New York State Records Retention and Disposition Schedule MU-1, subject to the approval of the Records Advisory Board.
(7) 
Develop a procedure whereby historically important materials, which are not official Village records but which have historical value to the community, are properly maintained subject to archive space and staff limits particularly when potential endangerment of such materials is possible if they are not collected by the archives.
(8) 
Coordination of and carrying out or participating in the planning for development of advanced records management systems and equipment.
There shall be a Records Advisory Board designated to work closely with and provide advice to the Records Management Officer. The Board shall consist of at least three staff members, appointed to one-year terms by the Village Manager. The Board shall meet periodically and have the following duties:
A. 
To provide advice to the RMO on the development of the records management program.
B. 
To review the performance of the program on an ongoing basis and propose changes and improvements.
C. 
To review any changes in retention periods proposed by the RMO for records not covered by local, state and federal laws and guidelines.
D. 
To provide advice on the appraisal of records for archival value.
E. 
To review all requests for the disposition of records.
F. 
To provide assistance with the preparation of operative and/or capital budget requests involving records management.
A. 
The originating department has full custody over records still in active use.
B. 
The originating department is the legal custodian of its records and shall retain the power to retrieve and use records deposited in inactive storage in the records center. The RMO will have physical custody of inactive records and will determine the method and design of storage.
C. 
Records transferred to or acquired by the archives shall be under the full custody of the archives as directed by the RMO.
(1) 
Records shall be transferred to the archives upon the recommendation of the RMO, with the approval of the head of the department which has custody of the records and the approval of the Records Advisory Board.
(2) 
Records may be permanently removed from the archives at the request of the RMO or the head of the department with prior custody, subject to the approval of the Records Advisory Board.
No record shall be destroyed or otherwise disposed of by a department of the Village unless written approval has been obtained from the RMO and the Village Manager. The RMO shall consult with the Records Advisory Board prior to issuing written approval.
The Village Attorney may take steps to recover local government records which have been alienated from proper custody, and may, when necessary, institute actions of replevin.
[Adopted 10-1-1998 by L.L. No. 8-1998]
A. 
The people's right to know the process of governmental decisionmaking and to review 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.
C. 
Village personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law, pursuant to this article.
A. 
The following records, pursuant to Village 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 intraagency 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 State 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 Village Board of the Village of Briarcliff Manor is responsible for ensuring compliance with the regulations herein and designates the Village Clerk as the Records Access Officer.
B. 
The Records Access Officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the 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. The Records Access Officer shall ensure that Village personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 50-16.
(5) 
Upon request, have the record certified that it is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The Village of Briarcliff Manor is not the custodian for such records; or
(b) 
The records of which the Village of Briarcliff Manor is custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the Office of the Village Clerk, 1111 Pleasantville Road, Briarcliff Manor, New York 10510.
Requests for public access to records shall be accepted and records produced during all hours the Village Office is regularly open for business. These hours are 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding holidays.
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. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, such failure may be construed as a denial of access that may be appealed.
A. 
The Records Access Officer shall maintain a reasonably detailed current list by subject matter of all records in its 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 once 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 § 50-13D of these regulations, such failure shall also be deemed a denial of access.
C. 
The Village Manager is hereby designated the Records Access Appeals Officer by the Board of Trustees, charged with the responsibilities as set forth in Subsections D through H of this section.
D. 
The person or body designated in Subsection C of this section shall receive appeals from denial of access to records under the Freedom of Information Law.
E. 
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 promptly as required by § 50-13D.
(5) 
The name and return address of the requester.
F. 
The individual or body designated to hear appeals shall inform the requester of its decision in writing within 10 business days of receipt of an appeal.
G. 
The person or 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.
H. 
The person or 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 Open Government in the same manner as set forth in Subsection G of this section.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this article.
B. 
Copies of all other records shall be provided according to the latest Village Master Fee Schedule, as established by resolution of the Village Board.
A notice containing the title or name and business address of the Records Access Officers 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.
This article shall supersede the Village Board of Trustees Resolution dated February 6, 1975, concerning public access to records.