[HISTORY: Adopted by the Town Board of the Town of Berne as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-10-1978]
As used in this article, the following terms shall have the meanings
indicated:
The Town of Berne and its departments, divisions, offices, bureaus,
and boards or commissions created or appointed by the Town Board, and
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:
A.
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;
B.
Maintain an up-to-date subject matter list of records;
update it twice a year and make it available for public inspection and copying;
C.
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;
D.
Upon request, calculate in advance the total cost of
copies;
E.
Permit a requestor to make his or her own copy, without
damaging the record and without relinquishing custody of the same.
A.
Records of the Agency are located at the Town Hall, the
office of the Town Clerk and the office of the Superintendent of Highways.
B.
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:
A.
Photocopying a record not exceeding nine inches by 14
inches shall be as set by the Town Board from time to time;
B.
Other records, shall be the actual cost of reproduction,
excluding fixed costs such as salary of employe; and
C.
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.
[Adopted 3-8-1989]
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:
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
B.
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.
