[HISTORY: Adopted by the City Council of the City of Auburn as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-28-1991 by L.L. No. 2-1991 as Ch. 2, Art. II of the 1991 Code]
The purpose of this article is to provide for the regulation of the examination of public records in compliance with and subject to the provisions of the Freedom of Information Law (Public Officers Law, Article 6 and 21 NYCRR Part 1401) and to insure the efficient operation of governmental offices.
The City Clerk is hereby designated as the Records Access Officer of the City of Auburn.
The City Clerk is responsible for maintaining a reasonably detailed current list by subject matter of all records in the possession of the City of Auburn and shall require all departments and/or offices of the City of Auburn to provide to the City Clerk a current list by subject matter of all records in the possession of each department and/or office, said list to be updated on a biannual basis.
The City Clerk shall make available for public inspection and copying all records, except that the City Clerk may deny access to those records or portions thereof enumerated in Public Officers Law § 87, Subdivision 2, as presently in effect and any and all subsequent amendments thereto.
The City Clerk shall, upon receiving a request for records and upon locating said records, take one of the following actions:
Make the record available for inspection or deny access to the record in whole or in part and explain in writing the reasons therefor.
Upon request for copies, make copies available upon payment of established fees.
Upon request, certify that a record is a true copy.
Upon failure to locate records, certify that the agency is not the custodian for such records or that the records of which the agency is a custodian cannot be found after diligent search.
Response to request.
The City Clerk shall respond to any request reasonably describing the record or records sought within five business days of receipt of the request or sooner if feasibly possible.
A request shall reasonably describe the record or records sought.
If the City Clerk does not provide or deny access to the record sought within five business days of receipt of a request, the City Clerk 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.
The City Clerk is authorized to copy any records requested to be copied that are releasable under the Public Officers Law and to charge $0.25 per page for size 81/2 x 11 inches, 81/2 x 14 inches, or 11 x 17 inches, or the actual cost of reproducing any other records, except when a different fee is otherwise prescribed by statute.
In the event a question arises as to whether a requested record or a portion thereof falls within one of the exceptions enumerated in Public Officers Law § 87, Subdivision 2, the City Clerk shall refer the request to the Corporation Counsel's office for review.
All requests for records shall be in writing filed with the City Clerk except as follows:
Records maintained in bound volumes.
Such records as designated by the City Clerk after consultation with the various departments and offices of the City.
Records not to be removed. No record shall be removed from the lawful custody of any public office charged with the duty of maintaining such records, except that records may be forwarded to the City Clerk pursuant to these regulations.
Hours for processing requests. In the event a request for records interferes with the operation of the office of the City Clerk or any other office or department of the City of Auburn that makes it difficult for members of the public to receive regular services of said offices or interferes with the day-to-day operation of said offices, the City Clerk is hereby authorized to establish hours during each day when requests for records shall be processed, including the times when such requests shall be made, in order to enable the City Clerk to find the records for review and copying.
Nonavailability of records. In the event any request cannot be met because records are being used for current working purposes, the applicant shall be advised of such fact and every effort shall be made to arrange a specific time when such records shall be available.
Coordination with departments and offices. The City Clerk is responsible for assuring that all departments and offices comply with these regulations.
Denial; appeal. In the event a request for a record is denied, the person denied access to a record may appeal such denial to the records appeals officer, who is hereby designated as the Mayor. Said appeal shall be in writing and set forth the records requested and the reason for denial and shall be filed with the Mayor within 30 days of the date of the denial.
[Adopted 9-23-1993 by Ord. No. 31-1993]
There shall be a records management program established under the auspices of the City Clerk, who shall be referred to as the "Records Management Officer (RMO)." The RMO shall be responsible for administering the noncurrent and archival public records and storage areas for the City of Auburn in accordance with local, state and federal laws and guidelines.
The Records Management Officer 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 City of Auburn.
The Records Management Officer shall continually survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for maintaining, storing and servicing of archival material. These classifications are:
Obsolete and unnecessary records according to New York State Records and Retention Schedule MU-1 thereby subject to disposition;
Information containing administrative, legal, fiscal, research and historical records of educational value which warrant their permanent retention; or
Records not subject to disposition according to state law.
The RMO shall establish guidelines for proper records management in any department or agency of the City of Auburn in accordance with local, state and federal laws and guidelines.
The RMO shall report annually to City Council on the progress and functions of the records management program.
The RMO shall operate a Records Management Center for the storage, processing and servicing of all noncurrent and archival records for the City of Auburn agencies and departments.
The RMO shall establish a City of Auburn Archives and perform the following functions:
Advise and assist City departments in reviewing and selecting material to be transferred to the City Archives for preservation.
Continually survey and examine public records to determine the most suitable methods to be used for creating, maintaining, storing and servicing of archival materials.
Establish and maintain an adequate repository for the proper storage, conservation, processing and servicing of archival records.
Promulgate rules governing public access to use of records in the Archives, subject to the approval of the Records Advisory Board.
Develop a confidentiality policy for archival records designated confidential, provided that such policy does not conflict with any state or federal statutes.
Provide information services to other City offices.
Collect archival materials which are not official City records but have associational value to City government or a close relationship to the existing archival collection. Such collecting shall be subject to archival space, staff and cost limitations and to the potential endangerment of such materials if they are not collected by the Archives.
Develop a procedure whereby historically important records are to be identified at the point of generation.
[Amended 3-18-2010 by Ord. No. 2-2010]
There shall be a Records Advisory Board designated to work closely with, and provide advice to, the Records Management Officer (RMO). The Board shall consist of the Records Management Officer, Office Systems and Training Coordinator, and the Chief Fiscal Officer of the City or their designated representatives; a member of the City Historic Resources Review Board, as well as the City Historian, shall also be members. The Board shall meet periodically and have the following duties:
To provide advice to the Records Management Officer on the development of records management policy.
To review the performance of the program on an ongoing basis and propose changes and improvements.
To review retention periods proposed by the RMO for records not covered by state archives schedules.
To provide advice on the appraisal of records for archival value and be the final sign-off entity as to what is not archival.
A City department 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 which created or held them immediately prior to their being transferred to the Archives.
Records shall be transferred to the Archives upon recommendation of the RMO, with the approval of the head of the department which has custody of the records and the approval of the Records Advisory Board.
Records may be permanently removed from the Archives at the request of the RMO, with approval of 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.
No records shall be destroyed or otherwise disposed of by a department of the City unless approval has been obtained from the RMO. No records shall be destroyed or otherwise disposed of by the RMO without the written consent of the department head having authority over such records.
As used in this article, the following terms shall have the meanings indicated:
- Those official records which have been determined by the RMO and Advisory Board to have sufficient historical or other value to warrant their continued preservation by the local government.
- Any documents, books, papers, photographs, sound recordings, microforms or 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.
- RECORDS CENTER
- The attic of City Hall is designated as the Records Center. This area shall be maintained by and under the exclusive control of the RMO and his or her staff, 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.
- A. 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:
- B. The transfer of records from one City agency or department to another City agency or department.
- RECORDS MANAGEMENT
- 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 City agency or department for official use or to the public where allowed.