[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:
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.
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.
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.
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:
The transfer of records from one City of Batavia agency to any other
City of Batavia agency.
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 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.
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:
(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.
(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.
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 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.
