[HISTORY: Adopted by the Town Board of the
Town of Bethel as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-12-1993 by L.L. No. 1-1993]
It is the intent of this article to initiate,
coordinate and promote a systematic records management program from
establishment to final disposition of records for the proper documentation
of the historical development of Town government, the community and
the people of the Town of Bethel. This article is intended to implement
the Local Government Records Law, as the same may be modified or amended,
and found in Article 57-A of the Arts and Cultural Affairs Law, together
with the Regulations of the Commissioner of Education (Part 185, 8
NYCRR) promulgated pursuant thereto.
There shall be a records management program established under the direction of the Town Clerk of the Town of Bethel, designated as the records management officer (RMO). The RMO will be responsible for administering the noncurrent and archival public records and storage areas for the Town of Bethel in accordance with local, state and federal laws and guidelines. The RMO may appoint a designee to carry out the specific duties as outlined in § 62-3.
The RMO shall 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 Town of Bethel. The RMO shall:
A.
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:
B.
Establish guidelines for proper records management
in all departments of the Town of Bethel in accordance with local,
state and federal laws and guidelines.
C.
Report annually to the Town of Bethel Town Board on
the operation and maintenance of the records management program.
D.
Maintain and operate a records management center for
all noncurrent and archival records for all Town of Bethel departments.
E.
Establish Town of Bethel archives and perform the
following functions:
(1)
Advise and assist all departments in reviewing and
selecting material for preservation.
(2)
Continually review records for suitable methods to
be used for maintaining and servicing of archival materials.
(3)
Establish and maintain an adequate records management
center.
(4)
Promulgate rules governing public access to and use
of records in the archives.
(5)
Collect archival materials which are not official
Town records but which have associational value to the Town or a close
relationship to the existing archival collection.
(6)
Develop a confidentiality policy for archival records
designated confidential, provided that it does not conflict with state
and federal laws.
(7)
Develop a procedure whereby historically important
records are to be identified at the point of generation.
(8)
Provide information services to other Town of Bethel
offices.
A.
Each Town department is the legal custodian in the
creation of its records and shall retain custody until transferred
to the archives or disposed of. Records transferred as archival records
shall be under the control of the archives rather than the department
creating the record. Records subject to disposition according to state
and federal law shall be recommended by the RMO with the approval
of the department head from which records originated.
B.
Records of archival value shall be transferred to
the archives upon the recommendation of the RMO and approval of the
department head having custody of records.
C.
Records may be permanently removed from the archives
at the request of the RMO or department head originally creating records
in his custody prior to transfer as archival records.
The Town may take steps through legal action
to recover any local government records which have been removed from
proper custody and may, when necessary, institute actions of replevin.
A.
No records shall be destroyed or otherwise disposed
of by any department of the Town until it has met the retention limit
in accordance with the designated local, state or federal records
retention and disposition schedule and unless approved by the RMO.
B.
Any person engaged in the service of the Town terminating
his official duties and having possession of Town records, books and
any other materials associated with his office, being official property
of the Town, shall return such to the custody of that department head,
and/or the Town Clerk, designated as the RMO.
As used in this article, the following terms
shall have the meanings indicated:
Those official records which have been determined by the
RMO to have sufficient historical or other value to warrant their
continued preservation by the Town.
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 Town business.
An establishment maintained by the Town 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 Town, in accordance with approved records
control schedules, of records no longer necessary for the conduct
of business by such Town through removal methods which may include:
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 Town 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 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 Bethel 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, 3454 Route 55, White
Lake, NY 12786.
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.
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 § 62-12D 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 § 62-12D.
(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 a local newspaper
of general circulation.
