[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa: Art. I, 7-9-1991 by L.L. No. 4-1991; Art. II, at time of adoption of Code; (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
[Adopted 7-9-1991 by L.L. No. 4-1991]
There shall be a records management program established for the Village of Ballston Spa and headed by a Records Management Officer (RMO) who shall be appointed by the Mayor of the Village. The officer will be responsible for administering the noncurrent and archival public records and storage areas for the Village of Ballston Spa in accordance with local, state and federal laws and guidelines.
The Records Management Officer shall:
A. 
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 Village of Ballston Spa.
B. 
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 materials. Records to be examined include:
(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 educational value which warrant their permanent retention; or
(3) 
Records not subject to disposition according to state law.
C. 
Establish guidelines for proper records management in any department or agency of the Village of Ballston Spa in accordance with local, state and federal laws and guidelines.
D. 
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.
E. 
Operate a records management center for the storage, processing and servicing of all noncurrent and archival records for all Village of Ballston Spa departments and agencies.
F. 
Establish a Village of Ballston Spa archives and perform the following functions:
(1) 
Advise and assist the Village of Ballston Spa departments in reviewing and selecting material to be transferred to the Village of Ballston Spa 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 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 the 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 federal or state statutes.
(6) 
Provide information services to other Village of Ballston Spa offices.
(7) 
Collect archival materials which are not official Village of Ballston Spa records but which have associational value to the Village of Ballston Spa 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.
There shall be a Records Advisory Board designated to work closely with and provide advice to the RMO. The Board shall be appointed by the Mayor of the Village of Ballston Spa and shall consist of five members. The Board shall meet periodically and have the following duties:
A. 
To provide advice to the RMO on the development of the records management program.
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 to be the final sign-off entity as to what is or is not archival.
A. 
A Village of Ballston Spa 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 that 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 and the approval of the Records Advisory Board.
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, subject to the approval of the Records Advisory Board.
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 Village of Ballston Spa unless approval has been obtained from the RMO. No records shall be destroyed or otherwise disposed of by the RMO 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 RMO and Advisory Committee 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 Village of Ballston Spa business.
RECORDS CENTER
An establishment maintained by the Village of Ballston Spa 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.
RECORDS DISPOSITION
A. 
The removal by the Village of Ballston Spa, 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 arranging continued preservation.
B. 
The transfer of records from one Village of Ballston Spa agency to any other Village of Ballston Spa 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 Village of Ballston Spa agency for official use or to the public.
[Adopted at time of adoption of Code[1]]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I.
A. 
The people's right to know the process of government decisionmaking and 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 as well as records otherwise available by law.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
A. 
The Board of Trustees is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: Village Clerk, Municipal Center, 66 Front Street, Ballston Spa, New York.
B. 
The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the 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.
C. 
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.
(b) 
Deny access to records in whole or in part and explain, in writing, the reasons therefor.
(4) 
Upon request for copies of records, take one of the following actions:
(a) 
Make a copy available upon payment of or an offer to pay the established fees.
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The Village is not the custodian for such records; or
(b) 
The records of which the Village is a custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the Village Clerk's Office, Municipal Center, 66 Front Street, Ballston Spa, New York.
Requests for public access to records shall be accepted and records produced during all hours that the Clerk's office is regularly open for business.
A. 
A written request may be required, but oral requests may be accepted when records are readily available.
B. 
A response shall be given within five business days of receipt of any request reasonably describing the record or records sought.
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, the request may be construed as a denial of access that may be appealed.
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 body established to hear appeals.
B. 
If requested records are not provided promptly, such failure shall be deemed a denial of access.
C. 
The Mayor shall hear appeals for denial of access to records under the Freedom of Information Law.
D. 
The time for deciding an appeal by the person designated to hear appeals shall commence upon receipt of a 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 § 159-12D.
(5) 
The name and return address of the requester.
E. 
The person designated to hear appeals shall inform the requester of his/her decision, in writing, within 10 business days of receipt of an appeal.
F. 
The person designated to hear appeals shall immediately forward to the Committee on Open Government copies of all appeals upon receipt and the ensuing determination thereon.
The following fees shall be charged:
A. 
Inspection of records: no fee.
B. 
Search for records: no fee.
C. 
Any certification pursuant to this article: no fee.
D. 
Photocopies not exceeding nine inches by 14 inches: $0.25 per page.
E. 
Fees for copies of records other than photocopies which are nine inches by 14 inches or less in size: the actual copying cost, excluding fixed agency costs such as salaries, except when a different fee is otherwise prescribed by statute.
A notice containing the title or name and business address of the records access officers and appeals body and the location where records can be seen or copies may be made shall be posted in a conspicuous location wherever records are kept.