[HISTORY: Adopted by the Town Board of the
Town of Chautauqua as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-12-1978]
A.
This article is established pursuant to Article 6
of the Public Officers Law, known as the "Freedom of Information Law."
B.
This article provides the procedures by which records
of the Town of Chautauqua may be obtained for inspection and copies
thereof obtained.
D.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
A.
The Town Board and the Supervisor shall be responsible
for ensuring compliance with the regulations herein and as promulgated
by the Committee on Open Government on January 10, 1978, and as may
be amended, pursuant to the Freedom of Information Law,[1] and shall designate one or more persons as records access
officers, by name or by specific job title and business address, who
shall have the duty of coordinating agency response to public requests
for access to records. The designation of one or more records access
officers 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: See Article 6 of the Public
Officers Law.
Records shall be available for public inspection
and copying at the Town office in the Community Building, South Erie
Street, Mayville, New York, or at the location where they are kept.
A.
Requests for public access to records shall be accepted,
and the records produced, during all hours regularly open for business,
except that all records must be returned to their proper custodian
at least five minutes before closing time.
B.
Hours regularly open for business are 9:00 a.m. to
4:00 p.m., Monday through Friday.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Where a request for records is required, such request
may be oral or in writing as specified by the records access officer.
However, written requests shall not be required for records that have
been customarily available without written request.
B.
Response.
(1)
Except under extraordinary circumstances, officials
shall respond to a request for records no more than five business
days after receipt of the request, whether the request is oral or
in writing.
(2)
If, because of extraordinary circumstances, more than
five business days are required to respond to a request, receipt of
the request shall be acknowledged within five business days after
the request is received. The acknowledgment shall state the reason
for delay and estimate the date when a reply will be made. If access
to records is neither granted nor denied within 10 business days after
the date of acknowledgment of receipt of a request, the request may
be construed as a denial of access that may be appealed.
C.
A request for access to records shall reasonably describe
the record or records sought. Where possible, the requester should
supply information regarding dates, titles, file designations or other
information which may help identify the records.
A.
The Town of Chautauqua 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 twice per year. The most recent update shall appear on the first
page of the subject matter list.
D.
Appropriate personnel of the Town of Chautauqua shall
assist the requester in identifying requested records.
A.
A person who has requested access to the public records of the Town of Chautauqua shall be given full opportunity to see and inspect such records, unless access is denied as provided in § 104-8 herein.
B.
The requester may also make a copy of the records
he inspects, but no record may be removed from the office where it
is located.
C.
Upon request and payment of the established fee, the
appropriate officer or employee shall prepare and deliver a photocopy
of such records. If the copy is to be mailed, the requester shall
furnish a self-addressed envelope with sufficient postage thereon.
D.
Upon request, an appropriate official of the Town
of Chautauqua shall certify as correct a photocopy prepared by the
custodian of the records.
B.
Denial of access shall be in writing, stating the
reason therefor and advising the person denied access of his or her
rights to appeal to the Town Board, and that body shall be identified
by name, title, business address and business telephone number.
C.
If the Town of Chautauqua fails to respond to a request within five business days of a receipt of a request as required in § 104-5 of this article, such failure shall be deemed a denial of access by the Town of Chautauqua.
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
The Town of Chautauqua shall transmit to the Committee
on Open Government copies of all appeals upon receipt of an appeal.
Such copies shall be addressed to: Committee on Open Government, Department
of State, One Commerce Plaza, 99 Washington Avenue Suite 650, Albany,
NY 12231.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
The Town Board shall inform the appellant and the Committee on Open Government of its determination in writing within seven 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 F of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except when a different fee is otherwise prescribed
by law:
The Town of Chautauqua shall publicize by posting
in a conspicuous location:
A.
The location where records shall be made available
for inspection and copying.
B.
The name, title, business address and business telephone
number of the designated records access officer.
C.
The right to appeal by any person denied access to
a record and the name and business address of the body to whom an
appeal is to be directed.
[Adopted 4-10-1995]
The Town Clerk is designated as records management
officer and shall be responsible for the records management program
established by this Article and subsequent amendments thereto. Said
officer will be responsible for administering the noncurrent and archival
public records for the Town of Chautauqua in accordance with local,
state and federal laws and guidelines. Said officer shall also be
responsible for overseeing the microfilming of Town records according
to recognized standards and specification. These functions shall be
performed within the budget as allocated by the Town Board.
A.
The Town Clerk or designee of the Town Clerk 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 of Chautauqua.
B.
The Town Clerk or designee of the Town Clerk shall
recommend to the Town Board guidelines for proper records management
in any other department or agency of Town government in accordance
with local, state and federal laws and guidelines.
C.
The Town Clerk or designee of the Town Clerk shall
report annually to the Town Board on the powers and duties herein
mentioned including, but not limited to, the cost/benefit ratio of
programs implemented by the Town Clerk or designee.
The Town Clerk shall have at his/her disposal
a storage area, room or rooms dedicated specifically for the storage,
processing and services of all noncurrent and archival records for
all Town departments and agencies. The storage area, room or rooms
shall be called the "Chautauqua Records Center." The Town Clerk or
his/her designee shall operate the Chautauqua Records Center.
The Town Clerk or designee of the Town Clerk
shall be the sole official designated in the Public Officer's Certification
for Using Records Retention and Disposition Schedules or its successor
and shall be the sole officer with authority over the disposition
of noncurrent and archival Town records and more current records,
after receiving approval of the respective Town officer or department
head who has custody of the records of his/her respective office or
department.
A.
The Chautauqua Town Board is authorized to appoint
up to a six-member Records Advisory Board after seeking recommendations
from the Town Clerk. It is recommended that if a six-person Records
Advisory Board is appointed, it shall be composed of the Town Historian;
a representative from the Historical Society; a member of the Town
Board; the records management officer for the Town; a representative
from the Mayville Library; and a representative from the Chautauqua
Smith Library.
B.
The function of this Board shall be to advise and
make suggestions to the Town Clerk or his/her designee on improvements
to be made to the Chautauqua records management program. The Board
shall meet at least twice a year and more so, if needed.
C.
The Town Clerk or his/her designee shall be responsible
for calling all meetings of the Records Advisory Board, making progress
reports concerning the records management program to the Records Advisory
Board and following up on advice and/or suggestions offered by the
Records Advisory Board.
As used in this Article, the following terms
shall have the meanings indicated:
Those official records which have been determined by the
records management officer to have sufficient historical or other
value to warrant their continued preservation by the Town.
Any documents, books, papers, photographs, sound recordings,
microforms 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.
An established room, rooms and/or area maintained by the
Town of Chautauqua 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 activities involved in records creation,
records maintenance and use and records disposition, including records
preservation, records disposal and records centers or other storage
facilities.
Making information in records available to any county agency
for official use or to the public.
