[HISTORY: Adopted by the Town Board of the Town of Milton as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-15-1989]
The Records Retention and Disposition Schedule MU-1, 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.
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.
[Adopted 3-19-1997 by L.L. No. 5-1997]
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 (§ 84 et
seq. of the Public Officers Law), as well as records otherwise available by
law.
D.
Any conflict among laws governing public access to records
shall be construed in favor of the widest possible availability of public
records.
A.
The Town Board of the Town of Milton is responsible for
ensuring compliance with the regulations herein and designates the Town Clerk
and, in his or her absence, the Deputy Town Clerk as records access officer,
who shall be 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.
Records shall be available for public inspection and copying at the
office of the Town Clerk, 503 Geyser Road, Ballston Spa, New York.
Requests for public access to record 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. Requests and responses to such request may be made via electronic
mail, as set forth in Public Officers Law § 89, Subdivision 3(b).[1]
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. Wherever 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 records 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.
The records access officer shall maintain a reasonably
detailed current list by subject matter of all records in his or her 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 § 43-7D of this article, such failure shall also be deemed a denial of access.
C.
The Town Board shall hear appeals for denial of access
to records under the Freedom of Information Law. Such appeals shall be made
within 30 days of a denial.
D.
The time for deciding an appeal by the body 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 § 43-7D.
(5)
The name and return address of the requester.
E.
The 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.
F.
The Town Board 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 E of this section.
A notice containing the title or name and business address of the records
access officer and appeals 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 the official newspaper of the Town.
