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City of Batavia, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Batavia as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-1988 by L.L. No. 8-1988]
There shall be a records management program established under the aegis of the City of Batavia and headed by a records management officer (RMO). The officer will be responsible for administering the non-current and archival public records and storage areas for the City of Batavia in accordance with local, state and federal laws and guidelines.
The officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the non-current and archival public records kept, filed or received by the offices and departments of the City of Batavia.
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 the maintaining, storing and servicing of archival material:
(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 education value which warrant their permanent retention; or
(3) 
Records not subject to disposition according to state law.
B. 
Establish guidelines for proper records management in any department or agency of the City of Batavia in accordance with local, state and federal laws and guidelines.
C. 
Report annually to the chief executive official and the governing body on the powers and duties herein mentioned including, but not limited to, the cost/benefit ratio of programs effectuated by the department.
D. 
The officer shall operate a Records Management Center for the storage, processing and servicing of all non-current and archival records for all City of Batavia departments and agencies.
E. 
The officer shall establish a City of Batavia Archives and perform the following functions:
(1) 
Advise and assist City of Batavia departments in reviewing and selecting material to be transferred to the City of Batavia 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 or 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.
(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 City of Batavia offices.
(7) 
Collect archival materials which are not official City of Batavia records but which have associational value to the City of Batavia or a close relationship to the existing archival collection. Such collecting shall be subject to archive 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.
A. 
A City of Batavia 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 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 which has custody of the records.
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.
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 City of Batavia 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.
As used in this article, the following terms shall have the meanings indicated:
ARCHIVES
Those official records which have been determined by the Officer to have sufficient historical or other value to warrant their continued preservation by the local government.
RECORDS
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 City of Batavia business.
RECORDS CENTER
An establishment maintained by the City of Batavia 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 of Batavia, 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:
(1) 
The disposal of temporary records by destruction or donation; or
(2) 
The transfer of records to the Record Center/Archives for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation; and
B. 
The transfer of records from one City of Batavia agency to any other City of Batavia agency.
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.
SERVICING
Making information in records available to any City of Batavia agency for official use or to the public.
[Adopted at time of adoption of Code (See Ch. 1, General Provisions, Art. I)]
A. 
The people's right to know the process of governmental decisionmaking and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B. 
These regulations provide information concerning the procedures by which records may be obtained.
C. 
Personnel shall furnish to the public the information and records required by the Freedom of Information Law,[1] as well as records otherwise available by law.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
A. 
The following records, pursuant to city and state law, are not accessible to the public:
(1) 
Those which are specifically exempted from disclosure by state or federal statute.
(2) 
Those which, if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of Subdivision 2 of § 89 of the Public Officers Law.
(3) 
Those which, if disclosed, would impair present or imminent contract awards or collective bargaining negotiations.
(4) 
Those which are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.
(5) 
Those which are compiled for law enforcement purposes and which, if disclosed, would:
(a) 
Interfere with law enforcement investigations or judicial proceedings;
(b) 
Deprive a person of a right to a fair trial or impartial adjudication;
(c) 
Identify a confidential source or disclose confidential information relating to a criminal investigation; or
(d) 
Reveal criminal investigative techniques or procedures, except routine techniques and procedures.
(6) 
Those which, if disclosed, would endanger the life or safety of any person.
(7) 
Those which are interagency or intraagency materials which are not:
(a) 
Statistical or factual tabulations or data;
(b) 
Instructions to staff that affect the public;
(c) 
Final agency policy or determinations; or
(d) 
External audits, including but not limited to audits performed by the Comptroller and the federal government.
(8) 
Those which are examination questions or answers which are requested prior to the final administration of such questions.
(9) 
Those which are computer access codes.
B. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
A. 
The City Council of the City of Batavia is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: City Clerk-Treasurer, 10 West Main Street, Batavia, New York 14020.
B. 
The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of a records access officer 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. The records access officer shall ensure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 28-15.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The City of Batavia is not the custodian for such records; or
(b) 
The records of which the City of Batavia is custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the office of the City Clerk-Treasurer, 10 West Main Street, Batavia, New York 14020.
Requests for public access to records shall be accepted and records produced during all hours the City Clerk-Treasurer's office is regularly open for business.
A. 
A written request is required.
B. 
A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.
C. 
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. 
If the records access officer does not provide or deny access to the record sought within five business days of receipt of a request, he or she 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, such failure may be construed as a denial of access that may be appealed.
A. 
The records access officer 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.
A. 
Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.
B. 
If requested records are not provided promptly as required in § 28-12D of these regulations, such failure shall also be deemed a denial of access.
C. 
The following person or persons or body shall hear appeals from denial of access to records under the Freedom of Information Law: the City Manager of the City of Batavia, 10 West Main Street, Batavia, New York 14020.
D. 
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the request for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 28-12D.
(5) 
The name and return address of the requester.
E. 
The individual or body designated to hear appeals shall inform the requester of its decision in writing within 10 business days of receipt of an appeal.
F. 
The person or body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231.
G. 
The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 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.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
B. 
Copies of records shall be provided according to the following fee schedule:
(1) 
The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.
(2) 
The fee for copies of records other than photocopies which are nine inches by 14 inches or less shall be the actual copying cost, excluding fixed agency costs such as salaries.
A notice containing the title or name and business address of the records access officers and appeals person or body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.