The following rules and regulations shall apply to the public inspection
and copying of such town records as are subject to public inspection by law
and shall continue in effect until altered, changed, amended or superseded
by further resolution of this Town Board or by action of the Committee on
Public Access to Records established pursuant to Chapters 578, 579 and 580
of the Laws of 1974.
Such records shall be made available for inspection at the office of
the town officer or employee charged with the custody and keeping thereof.
Such records shall be made available for public inspection on regular
business days between the hours of 10:00 a.m. and 12:00 noon and 2:00 p.m.
and 4:00 p.m., if readily available. If not readily available, a written request
specifically describing records to which access is desired shall be filed
with the town officer or employee charged with the custody and keeping thereof,
who shall produce the same within 48 hours of such request. Such written request
shall be on the form prescribed by the State Comptroller. If the town officer
or employee charged with the custody and keeping of the records elects to
refuse access, he shall submit to the requester a written statement of his
reason therefor within 48 hours of such request.
To prevent an unwarranted invasion of personal privacy, the Committee
on Public Access to Records may promulgate guidelines for the deletion of
identifying details for specified records which are to be made available.
In the absence of such guidelines, an agency or municipality may delete identifying
details when it makes records available. An unwarranted invasion of personal
privacy includes, but shall not be limited to:
A. Disclosure of such personal matters as may have been
reported in confidence to an agency or municipality and which are not relevant
or essential to the ordinary work of the agency or municipality.
B. 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.
C. Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility.
D. The sale or release of lists of names and addresses in
the possession of any department, if such lists would be used for private,
commercial or fund-raising purposes.
E. Disclosure of items of a personal natural 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 department.
Each department shall maintain and make available for public inspection
and copying, in conformity with such regulations as may be issued by the Committee
on Public Access to Records, a current list, reasonably detailed, by subject
matter of any records which shall be produced, filed or first kept or promulgated
after the effective date of this chapter. Such list may also provide identifying
information as to any records in the possession of the department on or before
the effective date of this chapter.
In addition to such requirements as may be imposed by this chapter or
by Chapter 578 of the Laws of 1974, each board, commission or other group of the town having more
than one member shall maintain and make available for public inspection a
record of the final votes of each member in every agency proceeding in which
he votes.
[Adopted 1-8-1997 by L.L. No. 1-1997]
There shall be a records management program established under the aegis
of the Esopus Town Clerk. The Town Clerk is designated as the Town's
Records Management Officer. The officer will be responsible for administering
the noncurrent and archival public records and storage areas for the town
in accordance with local, state and federal laws and guidelines.
A Records Advisory Board shall be designated to provide advice, guidance
and support to the records program. Members of the Records Advisory Board
shall be in positions of sufficient authority to ensure compliance with records
management practices throughout all departments. The Board may consist of
the Town Supervisor, the Town Clerk, the Superintendents of Sewer, Water and
Highway or Town Historian, a representative from the Justice Court, the Assessor's
office and the Tax Office. The Records Advisory Board shall:
A. Provide advice to the Town Records Management Officer
on the development of the records management program.
B. Review the performance of the program on an ongoing basis
and propose changes and improvements.
C. Review retention periods not covered by the SARA Schedule
MU-1 or retention period changes recommended by department heads.
D. Provide advice on the appraisal of records for archival
value and to be the final sign-off entity as to what is or is not archival.
The Records Management Officer shall maintain physical custody and official
responsibility of all records in his/her possession. Department heads shall
retain constructive control and authority over all department records, regardless
of their physical location.
The Town Attorney may take steps to recover local government records
which have been alienated from proper custody and may, when necessary, institute
actions of replevin.
No records shall be destroyed or otherwise disposed of by a department
of the town unless a records disposal form has been executed. Records will
not be destroyed if they are required for any pending audit, litigation or
other investigation.
As used in this article, the following terms shall have the meanings
indicated:
ARCHIVES
Those official records which have been determined by the Records
Management Officer and Advisory Committee to have sufficient historical or
other value to warrant their continued preservation by the town.
INACTIVE RECORDS STORAGE AREA
An establishment maintained by the town primarily for the storage,
serving security and processing of records which must be preserved for varying
periods of time and need not be retained in active office space and equipment.
RECORD
Any documents, books, papers, photographs, sound recordings, microfilm
or any other materials, regardless of physical form or characteristics, made
or received pursuant to law or ordinance or in connection with the transaction
of official town business.
RECORDS DISPOSITION
A.
The removal by the town, in accordance with approved records control
schedules, of records no longer necessary for the conduct of business by such
agency through removal methods which may include:
(1)
The disposal of temporary records by destruction or donation; or
(2)
The transfer of records to the inactive records storage area for temporary
storage of inactive records and permanent storage of records determined to
have historical or other sufficient value warranting continued preservation.
B.
The transfer of records from one town agency to any other town agency.
RECORDS MANAGEMENT
The planning, controlling, directing, organizing, training, promotion
and other managerial activities involved in records maintenance, use and disposition,
including records preservation, disposal, records centers or other storage
facilities.
SERVICING
Making information in records available to any town department for
official use or to the public.