[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.
A.
The City Clerk shall, upon receiving a request for
records and upon locating said records, take one of the following
actions:
(1)
Make the record available for inspection or deny access
to the record in whole or in part and explain in writing the reasons
therefor.
(2)
Upon request for copies, make copies available upon
payment of established fees.
(3)
Upon request, certify that a record is a true copy.
(4)
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.
B.
Response to request.
(1)
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.
(2)
A request shall reasonably describe the record or
records sought.
(3)
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:
A.
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.
B.
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.
C.
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.
D.
Coordination with departments and offices. The City
Clerk is responsible for assuring that all departments and offices
comply with these regulations.
E.
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.
A.
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:
(1)
Obsolete and unnecessary records according to Retention
and Disposition Schedule for New York Local Government Records (the
"LGS-1") thereby subject to disposition;
[Amended 1-21-2021 by Ord. No. 1-2021]
(2)
Information containing administrative, legal, fiscal,
research and historical records of educational value which warrant
their permanent retention; or
(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 City of Auburn in accordance
with local, state and federal laws and guidelines.
C.
The RMO shall report annually to City Council on the
progress and functions of the records management program.
D.
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.
E.
The RMO shall establish a City of Auburn Archives
and perform the following functions:
(1)
Advise and assist City departments in reviewing and
selecting material to be transferred to the City Archives for preservation.
(2)
Continually survey and examine public records to determine
the most suitable methods to be used for 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 use of
records in the Archives, subject to the approval of the Records Advisory
Board.
(5)
Develop a confidentiality policy for archival records
designated confidential, provided that such policy does not conflict
with any state or federal statutes.
(6)
Provide information services to other City offices.
(7)
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.
(8)
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:
A.
To provide advice to the Records Management Officer
on the development of records management policy.
B.
To review the performance of the program on an ongoing
basis and propose changes and improvements.
C.
To review retention periods proposed by the RMO for
records not covered by state archives schedules.
D.
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.
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.
B.
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.
C.
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.
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.
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.
