[HISTORY: Adopted by the City Council of
the City of Jamestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-7-1974]
This City Council hereby promulgates this set
of rules in accordance with Chapter 578 of the Laws of 1974.[1]
[1]
Editor's Note: See the Freedom of Information
Law (Article 6 of the Public Officers Law).
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer is hereby designated
as the records access officer of the City of Jamestown.
A.
Persons seeking public records shall make application
to the records access officer upon the application form supplied by
such officer in the event that such records are not readily available.
B.
The records access officer is hereby directed to make
available to persons requesting records those public records which,
by law, are required to be made available for public inspection and
copying. In the event that the request for public records interferes
with the operation of the office of the City Clerk/Treasurer and makes
it difficult for members of the public to receive the regular services
of the City Clerk/Treasurer, the records access officer is hereby
authorized to establish hours during each day when he shall process
requests for records, including the times when such requests shall
be made, in order to enable him to find the records for review and
copying. The times so established by the records access officer shall
be conspicuously posted in the office of the City Clerk/Treasurer.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C.
The records access officer is authorized to copy any
records which are within the purview of the law and to charge $0.25
per page size 8 1/2 inches by 11 inches and $0.35 per page and
and inches by 15 inches. No records shall be reproduced until payment
is first received.
D.
No records shall be removed from the lawful custody
of any public office charged with the duty of maintaining such records.
E.
In the event that any requests cannot be met because
such records are being used for current working purposes, the applicant
shall be advised of such fact and every effort will be made to arrange
a specific time when such records will be available.
F.
In the event that a question arises as to the nature
of the records in that public viewing of such records may result in
an unwarranted invasion of a citizen's personal privacy or may result
in a disclosure of material that must be confidential to promote effective
law enforcement or for any other reason which, in the opinion of the
records access officer, is valid to promote the public interest while
consistent with the new law, the records access officer shall confer
with the Corporation Counsel before determining if such records shall
be made available for inspection.
In the event that any person is denied access
to any public records in violation of the law, that person shall advise
the City Council of such denial, in writing, and set forth the records
requested, the reason for denial and the fact that the fees for such
records were, in fact, tendered.
These regulations shall be temporary and considered
as such until the state guidelines are promulgated and until more
comprehensive regulations can be prepared.
The purpose of such regulations shall be to
maintain the spirit of the law and to recognize that the concept of
open records is consistent with the purpose of the City Council.
[Adopted 11-26-1990]
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
There is hereby established a records management
program which shall be under the jurisdiction of the City Clerk/Treasurer
and shall be headed by a Records Management Officer who shall be appointed
by the City Council. The Records Management Officer shall be responsible
for administering the noncurrent and archival public records and storage
areas of the City of Jamestown in accordance with local, state and
federal laws and rules, regulations and guidelines established thereunder.
As used in this article, the following terms
shall have the meanings indicated:
Those official records which have been determined by the
Officer and the Advisory Committee to have sufficient historical or
other value to warrant their continued preservation by the City.
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 City business.
An establishment maintained by the department primarily for
the storage, servicing, security and processing of records which must
be preserved for varying periods of time and need not be retained
in office equipment or space.
The removal by the City, 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:
The disposal of temporary records by destruction
or donation.
The transfer of records to the City Clerk/Treasurer
for temporary storage of nonarchival records and permanent storage
of records determined to have historical or other sufficient value
warranting continued preservation.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The transfer of records from one City agency
to any other City agency.
The planning, controlling, directing, organizing, training,
promotion and other managerial activities involved in records maintenance,
use and disposition, including records preservation and disposal,
records centers or other storage facilities.
Making records which are the property of a particular department
available to the department for official use, as well as making nonconfidential
or historical records available to the public.
The Records Management Officer is hereby vested
with all powers necessary to carry out the efficient administration,
determination of value, use, preservation, storage and disposition
of the noncurrent and archival records kept, filed or received by
the various officers, departments, boards and commissions of the City
of Jamestown. In performing his duties, the Records Management Officer
shall:
A.
Continually survey and examine public records and
recommend their classification so as to determine the most suitable
methods to be used for the maintaining, storing and servicing of:
(1)
Obsolete and unnecessary records pursuant to New York
State records retention and disposition schedules thereby subject
to disposition.
(2)
Information containing administrative, legal, fiscal,
research, historical or educational value which warrants permanent
records retention.
(3)
Records not subject to disposition according to the
laws of the State of New York.
B.
Establish guidelines for proper records management
for the various departments, agencies, boards and commissions of the
City in accordance with local, state and federal laws, rules, regulations
and guidelines relating thereto.
C.
Review all requests for records storage equipment,
microfilm equipment and the like and to coordinate and participate
in planning for the development of micrographics and automated data
processing systems.
D.
Operate a City records management center for the storage,
processing and servicing of all noncurrent and archival records for
all City departments and agencies.
E.
Report annually to the Mayor and the City Council
on the activities of the Records Management Officer with respect to
the responsibilities enumerated herein.
[Amended 2-12-1996; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
There is hereby established a Records Advisory
Board, which Board shall work closely with and provide advice to the
Records Management Officer. The Board shall consist of the City Clerk/Treasurer,
the City Historian, a representative of the City Council appointed
by the President of the City Council, the Mayor or his designee, the
President of the Fenton Historical Society or his designee and an
archivist to be selected by the City Historian. All members of the
Records Advisory Board shall be residents of the County of Chautauqua.
The Board shall meet periodically and have the following duties:
A.
Provide advice to the Records Management Officer on
the development of a records management program.
B.
Review the performance of the program on an ongoing
basis and where necessary make recommendations for changes and modifications
to improve and enhance the program.
C.
Review retention periods proposed by the Records Management
Officer for records not covered by the New York State Archives' schedules.
D.
Provide advice on the appraisal of records for archival
value.
E.
Be the final arbiter as to what is or is not archival.
The Records Management Officer shall maintain
physical custody and official responsibility for all records in his
possession. The department heads in the City of Jamestown shall retain
constructive control and authority over all records of their respective
departments.
No records of the City of Jamestown shall be
destroyed or otherwise disposed of by any department, board or commission
of the City without the express written approval of the Records Management
Officer. No records of the City of Jamestown shall be destroyed or
otherwise disposed of by the Records Management Officer without the
express written approval of the department head having authority.
