[HISTORY: Adopted by the Common Council of
the City of Oneida at time of adoption of Code (see Ch. 1, General
Provisions). Subsequent amendments noted where applicable.]
A.Â
The people's right to know the process of government
decision-making and the documents and statistics leading to determinations
can be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B.Â
This article provides information concerning the procedures
by which records may be obtained from an agency defined by Subdivision
3 of § 86 of the Public Officers Law. No agency regulations
shall be more restrictive than this article.
D.Â
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
A.Â
The Common Council of the city shall be responsible
for ensuring compliance with the regulations herein and designates
the City Clerk as the principal records access officer who shall have
the duty of coordinating the city response to public requests for
access to records. The designation of the City Clerk shall not be
construed to prohibit the Attorney for the city ("Attorney"), who
has in the past been authorized to make records or information available
to the public, from continuing to do so.
The Common Council hereby designates the office
of the City Clerk and the Attorney as the location where public records
shall be available for public inspection and copying.
The City Clerk and Attorney shall accept requests
for public access to records and produce records during all hours
during which the Clerk's office or Attorney's office is regularly
open for business.
A.Â
The City Clerk and Attorney may require that a request
be made in writing or may make records available upon oral request.
B.Â
The City Clerk and Attorney shall respond to any request
reasonably describing the record or records sought within five business
days of receipt of the request.
C.Â
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.Â
If the City Clerk and Attorney do not provide or deny
access to the records sought within five business days of receipt
of a request, the City Clerk and Attorney 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, the request may be construed
as a denial of access that may be appealed.
[1]
Editor's Note: Former § 129-6, Subject matter list,
was repealed 1-17-2023 by L.L. No. 2-2023.
A.Â
The Common Council shall hear appeals or shall designate
a person or body to hear appeals regarding denial of access to records
under the Freedom of Information Law.
B.Â
Denial of access shall be in writing stating the reason
therefor and advising the person denied access of his or her right
to appeal to the person or body established to hear appeals, and that
person or body shall be identified by name, title, business address
and business telephone number. The Records Access Officer shall not
be the Appeals Officer.
C.Â
If the Common Council fails to respond to a request within five business days of receipt of a request as required in § 129-5 of this article, such failure shall be deemed a denial of access by the agency.
D.Â
Any person denied access to records may appeal within
30 days of a denial.
E.Â
The time for deciding an appeal by the Common Council
or the person or body designated to hear appeals shall commence upon
receipt of written appeal identifying:
F.Â
The Common Council 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
162 Washington Avenue
Albany, New York 12231
|
G.Â
The Common Council or the person or body designated to hear appeals 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.
Except when a different fee is otherwise prescribed
by law:
Records Retention and Disposition Schedule MU-1,
issued pursuant to Article 57-A of the Arts and Cultural Affairs Law
and containing legal minimum retention periods for municipal government
records, is hereby adopted for use by all municipal officers in disposing
of municipal government records listed therein.
In accordance with Article 57-A:
A.Â
Only those records will be disposed of that are described
in Records Retention and Disposition Schedule MU-1 after they have
met the minimum retention period prescribed therein.
B.Â
Only those records will be disposed of that do not
have sufficient administrative, fiscal, legal or historical value
to merit retention beyond established time periods.