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It is the policy of the Board to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law (FOIL) of the State of New York.

I. Designation of Officers

The Board shall designate a Records Access Officer, a Records Appeal Officer, and a Records Management Officer at the Annual Organizational Meeting and as necessary.

A. The Records Access Officer shall:

• receive requests for District records, acknowledge such requests, and make such records available for inspection, copying or electronic transmission when such requests are granted;

• ensure that District information that is not permitted to be released is not released;

• compile and maintain a detailed current list by subject matter, of all records in the possession of the District, whether or not available to the public; and

• a record setting forth the name, school or office address, title and salary of   every officer or employee of the District.

B. The Records Appeal Officer shall review and respond to appeals of the denial of requests by the Records Access Officer in accordance with law.

C. The Records Management Officer shall:

• develop and oversee a program for the orderly and efficient management of District records; 

• ensure that District records are retained for at least the minimum periods of retention in the Retention and Disposition Schedule for New York Local Government Records (LGS-1); and

• ensure proper documentation of the destruction of records, in accordance with the schedule.

II. Definition of Records

1. A record is defined as any information kept, held, filed, produced or reproduced by, with or for the District in any physical form whatsoever, including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes. All records which were furnished to the public prior to the enactment of the Freedom of Information Law shall continue to be furnished to the public.

2. No record for which there is a pending request for access may be destroyed.  However, nothing shall require the District to prepare any record not possessed or maintained by it except the records required by law.

III. Access to Records

1. Time and place records may be inspected:  Records may be requested from, and inspected or copied at, the Office of the Records Access Officer, at the District Office by appointment only during regular business hours (9:00 am - 3:00 pm) on business days on which the District offices are open. Records may also be requested via e-mail at the following address: FOIL@Yorktown.org.  

2. Fees:  The fee for documents up to 9x14 inches is 25 cents per page. For documents larger than 9x14 inches,  or records in specific electronic formats or on devices such as DVDs or flash drives, the cost will be based on the cost of reproduction, the program utilized and the storage device. Fees are subject to periodic review and change. However, no fee shall be charged for existing digital records that do not require photocopies. If the only way to respond to an electronic request for records by email is to prepare a photocopy, redact from the photocopy information that is exempt from disclosure, and then email the redacted copy, the District may charge 25 cents per page to copy the requested records. Any fees associated with the request must be paid in full prior to the records being released.

3. For requests taking a minimum of two hours or more to complete (not including search time or administrative costs), an amount equal to the hourly salary attributed to the lowest paid employee who has the ability to prepare a copy of the requested records in the format requested will be charged. 

4. The number of copies given to any one organization or individual may be limited, at the discretion of the Records Access Officer.

5. Procedures:  Requests to inspect or secure copies of records shall be submitted in writing, either in person, by mail or via email, to the Records Access Officer. 

6. All requests for information shall be responded to within five business days of receipt of the request. If the request cannot be fulfilled within five business days, the Records Access Officer will acknowledge receipt of the request within the five business days and provide the approximate date when the request will be granted or denied.

7. If a request cannot be granted within 20 business days from the date of acknowledgement of the request, the District must state in writing both the reason the request cannot be granted within 20 business days, and a date certain within a reasonable period when it will be granted depending on the circumstances of the request.

8. Denial of Access:  When a request for access to a public record is denied, the Records Access Officer shall indicate in writing the reasons for such denial, and the right to appeal.

9. Appeal:  An applicant denied access to a public record may file an appeal by delivering a copy of the request and a copy of the denial to the Records Appeal Officer within 30 days after the denial from which such appeal is taken. The appeal shall contain the date and location of requests for records, the records to which the requester was denied access and the name and return address of the requester.

10. The appeal will be submitted to the Records Appeals Officer for a decision. The applicant and the New York State Committee on Open Government will be informed of the determination in writing within 10 business days of receipt of an appeal. The Records Appeal Officer shall transmit to the Committee on Open Government photocopies of all appeals and determinations.

11. The final decision may be subject to judicial review.

IV. Records Exempted from Public Access

The following records will not be available for public inspection and copying:

1. those specifically exempted from disclosure by state and/or federal statute;

2. if disclosed would constitute an unwarranted invasion of personal privacy;

3. if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

4. are confidentially disclosed to the Board and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license;

5. are compiled for law enforcement purposes and which, if disclosed, would:

• • • interfere with law enforcement investigations or judicial proceedings;

    • deprive a person of a right to a fair trial or impartial adjudication;

    • identify a confidential source or disclose confidential techniques or procedures, except routine techniques

or procedures; or

• • • reveal criminal investigative techniques or procedures, except routine techniques and procedures;

6. records which, if disclosed, would endanger the life or safety of any person;

7. records which are inter-agency or intra-agency communications, except to the extent that such materials consist of:

• statistical or factual tabulations or data;

• instructions to staff which affect the public;

• final Board policy determinations; or

• external audits, including, but not limited to, audits performed by the comptroller and the federal 

government;

8. records which are examination questions or answers that are requested prior to the final administration of such questions;

9. records which, if disclosed, would jeopardize the District’s capacity to guarantee the security of its information technology assets (which encompasses both the system and the infrastructure).

V. Prevention of Unwarranted Invasion of Privacy

To prevent an unwarranted invasion of personal privacy, the Records Access Officer may delete identifying details when records are made available. An unwarranted invasion of personal privacy includes, but is not limited to:

1. disclosure of confidential personal matters reported to the Board which are not relevant or essential to the ordinary work of the Board;

2. disclosure of employment, medical or credit histories or personal references of applicants for employment, unless the applicant has provided a written release permitting such disclosures;

3. sale or release of lists of names and addresses in the possession of the Board if such lists would be used for private, commercial or fund-raising purposes;

4. disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the Board; or

5. disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.

Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion of privacy when identifying details are deleted, when the person to whom records pertain consents in writing to disclosure, or when upon representing reasonable proof of identity, a person seeks access to records pertaining to themself.

VI. Listing of Records

Pursuant to Section 87(3)(c) of the Public Officers Law, Schedule LGS-1 will serve as the list by subject matter of all records in the possession of the District, whether or not available under the law. The Superintendent or designee, in consultation with the Records Management Officer, will develop and disseminate department-specific guidance so that staff can implement this policy.

VII. Litigation-Hold

The Superintendent will establish procedures in the event that the District is served with legal papers. The Superintendent will designate a “discovery” team, comprised of the school attorney, Director of Technology, the Records Access Officer and Records Management Officer and other personnel as needed. The discovery team will convene in the event that litigation is commenced to plan to respond to the request for records. The Superintendent, with assistance from the Director of Technology, will ensure that measures are put in place to preserve applicable records.

The Superintendent will communicate with applicable parties, including the school attorney and the Records Management Officer, to ensure that, when appropriate, a litigation-hold is properly implemented. The Superintendent or designee, with assistance from the Records Management Officer, will be responsible for developing and disseminating department-specific retention schedules and guidance to staff, as necessary, to ensure adherence to this policy.

The litigation-hold is intended to prevent the destruction or disposal of records that may need to be produced as part of discovery. It is the intention of the Board  to comply with applicable rules and regulations regarding the production of necessary documents, data, files, etc.  

Retention and Destruction of Records

The Board hereby adopts the Records Retention and Disposition Schedule for New York Local Government Records LGS-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for District records, as updated.  The District will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The District will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

The manner of destruction will be determined by the format of the record (i.e., paper, digital, etc.). In addition, destruction will be appropriately documented by the Records Management Officer.

Ref:  

Public Officers Law §84 et seq. (Freedom of Information Law) Education Law §2116

Arts and Cultural Affairs Law §57.11

Local Government Records Law, Article 57-A

Federal Rules of Civil Procedure, 16, 26

Retention and Disposition Schedule for New York Local Government Records LGS-1

Adoption date: December 1, 1995

Amended date: June 12, 1995

Amended date: November 23, 2015

Amended date: June 19, 2017

Amended date: October 4, 2021