[HISTORY: Adopted by the Town Board of the
Town of Neversink: Art. I, 1-8-1975; Art. II, 1-13-1993 as L.L. No. 2-1993. Section 34-10E amended
during codification; see Ch. 1, General Provisions, Art. II. Other
amendments noted where applicable.]
[Adopted 1-8-1975]
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changed, amended or superseded by further resolution of this Town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 Chapter 578, 579 and 580 of the Laws of 1974.[1]
[1]
Editor's Note: Chapters 578, 579 and 580 of
the Laws of 1974 were repealed by Chapter 993 of the Laws of 1977,
which Chapter 933 also enacted a new Freedom of Information Law, See
Article 6 of the Public Officer Law.
The Town Clerk shall be and is hereby designated
the town officer charged with the custody and dissemination of the
town records available for public inspection herein.
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, 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. Each request shall
be sufficiently detailed to identify the records. Where possible,
the requester shall supply information regarding dates, titles, file
designations or other information which may help identify the records.
A request for any or all records falling within a specific category
shall conform to the standard that records be identifiable. If the
town officer or employee charged with the custody and keeping of the
record elects to refuse access, he shall submit to the requester a
written statement of his reason therefor within 48 hours of such request.
A.
The town officer or employee charged with the custody
and keeping of the record shall, upon request, make a copy or copies
of any record subject to such inspection upon a payment of a fee of
$0.25 per page.
B.
If a copy or copies are desired thereof by the requester,
the town officer or employee charged with the custody and keeping
of the record shall make the same and mail or deliver the same to
the requester within one week, depending on the volume and number
of copies requested.
C.
If, for any reason, more than one week is required
to produce records, the records access officer shall acknowledge receipt
of the request within one week after the request is received, which
acknowledgment shall include a brief explanation of the reason for
delay and an estimate of the date production or denial will be forthcoming.
D.
Certification. Any town officer or employee charged
with the custody and keeping of any such record shall, upon request,
certify a copy of a document or record prepared pursuant to the provisions
of the preceding subsections upon payment of a fee of $0.25.
To prevent an unwarranted invasion of personal
privacy, the Town Board or 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 the town 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, board 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 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 department.
Each department shall maintain and make available
for public inspection and copying, in conformity with such regulations
as may be issued by the Town Board or 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 Article. 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 Article.
In addition to such requirements as may be imposed
by this Article or by Chapter 578 of the Laws of 1974,[1] 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.
[1]
Editor's Note: Chapter 578 of the Laws of
1974 was repealed by Chapter 933 of the Laws of 1977, which Chapter
933 also enacted a new Freedom of Information Law. See Article 6 of
the Public Officers Law.
No records may be removed by the requester from
the office where the record is located without the permission of the
Town Clerk.
Appeals from a denial of access to information
by the Town Clerk may be taken, in writing, on approved forms, to
the member of the Town Board designated to hear such appeals, subject
to the following rules:
A.
Such appeal must be filed with the Town Clerk within
five days after a denial of access to information.
C.
The Town Board member shall inform the requester of
his decision, in writing, within seven days of receipt of an appeal.
D.
A final denial of access to a requested record, shall
be subject to court review, as provided for in Article 78 of the Civil
Practice Law and Rules.
E.
The Supervisor is hereby designated to hear such appeals.
[Amended 2-8-1984 by L.L. No. 3-1984]
The Town Supervisor or his designee shall prescribe
a standard form or forms to be employed by an applicant seeking access
to town records or appealing from a denial of such application.
[Adopted 1-13-1993 as L.L. No. 2-1993]
Unless otherwise expressly stated, the following
definitions shall, for the purpose of this Article, have the meanings
herein indicated. Any pertinent word or term not a part of this listing
shall be construed to have its legal definition.
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 town.
Any document, books, papers, photograph, sound recordings,
microforms or any other materials, regardless of physical form or
characteristics, made or received pursuant to local law or ordinance
or in connection with the transaction of official town business.
An establishment maintained by the town 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 planning, controlling, directing, organizing, training,
promotion and other managerial use and records disposition, including
records preservation, records disposal and records centers or other
storage facilities.
Making information in records available to any town agency
for official use or to the public.
There shall be a records management program
established under aegis of the Town Clerk. The Town Clerk shall serve
as the town's records management officer (RMO). The RMO 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.
The RMO shall have all the necessary powers
to carry out the efficient administration, determination of value,
use, preservation, storage and disposition of the noncurrent and archival
public records kept, filed or received by the offices and departments
of the town.
A.
The RMO shall continually survey and examine public
records to recommend their classification so as to determine the most
suitable methods to be used for the maintaining, storing and servicing
of archival material. Classifications shall be as follows:
(1)
Obsolete and unnecessary records according 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 warrant their permanent
retention;
(3)
Records not subject to disposition according to state
law.
B.
The RMO shall establish guidelines for proper records
management in any department or agency of the town in accordance with
local, state and federal laws and guidelines.
C.
The RMO shall report annually to the chief executive
official and the governing body on the powers and duties herein mentioned,
including not limited to the cost/benefit ratio of programs effectuated
by the department.
D.
The RMO shall operate a records management center
for the storage processing and servicing of all noncurrent and archival
records for all town departments and agencies.
E.
The RMO shall establish a town archives and perform
the following functions:
(1)
Advise and assist town departments in reviewing and
selecting material to be transferred to the town archives for preservation.
(2)
Continually survey and examine public records to determine
the most suitable methods to be used for the creating, maintaining,
storing and servicing of archival materials.
(3)
Establish and maintain an adequate repository for
the proper storage, conservation, processing and servicing of archival
records.
(4)
Promulgate rules governing public access to and use
of records in the archives, subject to the approval of the Town Board.
(5)
Develop a confidentiality policy for archival records
designated confidential, provided that such policy does not conflict
with any federal or state statutes.
(6)
Provide information services to other town departments,
agencies or offices.
(7)
Collect archival materials which are not official
town records but which have associational value to the town or a close
relationship to the existing archival collection. Such collecting
shall be subject to archive space, staff and cast limitations and
to the potential endangerment of such materials if they are not collected
by the archives.
(8)
Develop a procedure whereby historically important
records are to be identified at the point of generation.
The Town Board is hereby designated as the Records
Advisory Board designated to work closely with and to provide advice
to the RMO. The Town Board, acting as the Records Advisory Board,
shall meet periodically and have the following duties:
A.
Provide advice to the RMO on the development of the
records management program.
B.
Review the performance of the program on an ongoing
basis and to propose changes and improvements.
C.
Review retention periods proposed by the RMO for records
no covered by state archives schedules.
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.
A.
A town department or agency is the legal custodian
of its records and shall retain custody of records deposited in the
records center. Records transferred to or acquired by the archives
shall be under the custody and control of the archives rather than
the department or agency which created or held them immediately prior
to being transferred to the archives.
B.
Records shall be transferred to the archives upon
the recommendation of the RMO, with the approval of the head of the
department or agency which has custody of the records and the approval
of the Records Advisory Board.
C.
Records may be permanently removed from the archives
at the request of the RMO or the head of the department which had
custody of the records immediately prior to the transfer of those
records to the archives, subject to the approval of the Records Advisory
Board.
The Legal Department 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 of Neversink unless approval has been
obtained from the records management officer. No records shall be
destroyed or otherwise disposed of by the records management officer
without the express written consent of the department head having
authority.
This Article shall take effect immediately upon
filing with the Secretary of State.
