[HISTORY: Adopted by the Town Board of the Town of Berne as indicated in article histories. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
- A. The Town of Berne and its departments, divisions, offices, bureaus, and boards or commissions created or appointed by the Town Board, and
- B. Any special or improvement district of the Town, other than a library district, a fire district, a district corporation or district having a separately elected governing body.
- The same meaning as set forth in Subdivision 4 of § 86 of the Public Officers Law.
The Town Clerk is hereby designated as the Records Access Officer for the Agency.
The Records Access Officer shall be responsible for assuring that Agency personnel:
Comply with the requirements and provisions of the Freedom of Information Law, the rules and regulations of COPAR and with this article in providing access to Agency records;
Maintain an up-to-date subject matter list of records; update it twice a year and make it available for public inspection and copying;
Explain in writing reasons for denial of access and advise a requestor of his or her right to appeal, setting forth the name, title, business address and telephone number of persons to whom appeal may be taken;
Upon request, calculate in advance the total cost of copies;
Permit a requestor to make his or her own copy, without damaging the record and without relinquishing custody of the same.
Records of the Agency are located at the Town Hall, the office of the Town Clerk and the office of the Superintendent of Highways.
All requests for public access to records shall be accepted and records produced during all hours that the Town Hall (or the respective office) is regularly open for business.
A request to inspect or for a copy of a record shall reasonably describe the same and may be in writing if requested by the Records Access Officer.
The Town Supervisor shall respond to requests for a record of the name, title, salary and public office address of every officer and employee of the Agency.
The Town Board is hereby designated to hear and determine appeals from a denial of access to Agency records, in accordance with the Freedom of Information Law, rules and regulations of COPAR and this article.
Unless another fee is prescribed by state law the fee for:
Photocopying a record not exceeding nine inches by 14 inches shall be as set by the Town Board from time to time;
Other records, shall be the actual cost of reproduction, excluding fixed costs such as salary of employe; and
A typed or handwritten transcript shall consist of the actual clerical time involved in making the transcript.
A copy of this article shall be posted by the Town Clerk on the sign board maintained pursuant to Subdivision 6 of § 30 of the Town Law.
Records Retention and Disposition Schedule MU-l, 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:
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; and
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.