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RECORD KEEPING New York Department of State, Division of Local Government ---PAGE BREAK--- Course overview Record keeping Record keeping Minutes Legal requirements vs. good practice V ti Voting Findings Findings Decisions ---PAGE BREAK--- R d K i G f d Record Keeping Grants for records management NYS Education Department, State Archives & Records Administration State Archives & Records Administration (518) 474-6926 ---PAGE BREAK--- The record Application & supporting documentation Application & supporting documentation SEQRA materials (EAF) Proof of media notification Proof of media notification Meetings: Open Meetings Law Hearings: Legal notices g g Minutes County report, if referred County report, if referred Findings Decision & any conditions of approval Decision & any conditions of approval ---PAGE BREAK--- Archiving records g Records management officer g Municipal clerk Arts & Cultural Affairs Law Article 57-A Maintains custody of all archived records Common practice for municipal planner or board secretary to maintain records before archiving required Three years ---PAGE BREAK--- State Archives records retention schedule Permanently archive Permanently archive Official minutes Hearing proceedings Project files Exception: single-family variances kept 25 years Temporarily retain Recordings four months after proceedings hi d / / d / d ht l Meeting notes until draft transcribed www archives nysed gov/a/records/index ---PAGE BREAK--- Filing systems g y Assign a project number g p j Example: Z06-1, Z06-2, P05-1, P05-2 Why use SBLs? Over time, street names change, Cross reference projects Applicant name houses are renumbered, & new parcels are created System is infinitely expandable Project name Address Parcel history can be traced Assessor reviews improvements on parcel being reassessed Section-Block-Lot (S-B-L) number or tax parcel ID on parcel being reassessed Allows information to be cross- referenced in Geographic Information System Information System ---PAGE BREAK--- Mi Minutes ---PAGE BREAK--- Purpose p Official record of public Official record of public meeting Summary of all motions Summary of all motions, proposals, resolutions & any other matter formally any other matter formally voted upon, who voted & how they cast their vote how they cast their vote State motions clearly ---PAGE BREAK--- Requirements q Required if motion made or vote taken P bli Offi L §106 Motions & Resolutions Record verbatim Public Officers Law §106 Committee on Open Government (COOG) Read back during meeting to ensure accuracy Opinion 3154 Must be in writing accuracy Review list of conditions with Tape or video is optional and additional to written conditions with board prior to vote COOG Opinion 3981 ---PAGE BREAK--- Approval & availability pp y Approval Good Practices pp Common practice Not required by statute Good Practices Distribute minutes before next meeting May be required locally in rules of procedure next meeting Review near beginning of next meeting File or make available to public within two weeks Executive session minutes Record any corrections or additions Executive session minutes within one week Public Officers Law §106 Vote to approve minutes, if locally required ---PAGE BREAK--- Importance p Inform those not present at meeting what transpired Inform those not present at meeting what transpired Track evolution of issues and applications Provide future board members with guidance Provide future board members with guidance Set precedence Often contains statements that indicate proper p p procedure was followed Media was notified SEQRA was followed Record when members recuse themselves Cite reason (conflict of interest, etc.) ---PAGE BREAK--- Common contents Heading Board name, date, time, & place of meeting Footer C t fil Computer file name List of members in attendance Times meeting called to order & adjourned g & j Approval and/or corrections of previous minutes Summary of reports & announcements Summary of discussions, proposals, resolutions, & motions Results of vote ---PAGE BREAK--- Content and detail Co e a d de a Minimum: Open Meetings Law (OML) p g ( ) Record of motions, resolutions & votes Verbatim minutes are not usually practical Middle ground: Narration An accounting of discussions & important details Consider presenting information logically not necessarily Consider presenting information logically, not necessarily chronologically Full account: Report p Full record of discussions including all speakers’ names Who moved & who seconded motions ---PAGE BREAK--- Note taking and transcription g p Designate responsibility to secretary or clerk g p y y Board member NOT recommended Definitely may not be employed by board (S AG I f O 2005 17) (See AG. Inf. Op. 2005-17) Never the chairperson Recording minutes is a difficult task Produce concise and coherent summaries of sometimes long and disjointed discussions long and disjointed discussions Be diplomatic when dealing with suggested “improvements” to minutes ---PAGE BREAK--- Hearing minutes require more detail g q Stenographic is best Stenographic is best Need not be verbatim If taping, also take notes Make sure record is clear ---PAGE BREAK--- Discussion summary Offensive or i i t Key points Do not include Include inappropriate language, even if used S b Separate fact from opinion Subjective interpretations of speakers’ mood or tone Facts: objective & indisputable Opinions: personal views Items not discussed Opinions: personal views Typographical & grammatical errors ---PAGE BREAK--- Hearing testimony Suggest that speakers identify g y Suggest that speakers identify themselves P d h Provide microphones Clarify to whom speaker is y p referring (“they,” “he,” etc.) Describe or “read” visual Describe or read visual references into record ---PAGE BREAK--- Other testimonies in record Transcripts or summaries of comments Transcripts or summaries of comments from public hearings Written comments submitted during public Written comments submitted during public comment period E i i ( i l) Expert opinions (written or oral) Board members’ personal observations & p knowledge ---PAGE BREAK--- Member communication & comments Ex parte communication Don’t make statements you should not be concealed or disregarded Example phone call or letter Don t make statements you wouldn’t want to see in print or that could be interpreted incorrectly when intonation Example: phone call or letter from applicant co ec y w e o a o or nonverbal cues are missing Example: “You bet we’re going to deny your application...” Don’t declare your position before all facts are heard ---PAGE BREAK--- V i Voting ---PAGE BREAK--- ZBA appeals pp A motion or resolution of passes if it gets majority p g j y vote of all members of fully constituted board Request is denied if motion fails to get majority vote Request is denied, if motion fails to get majority vote Variance approval Decision in favor of applicant’s interpretation request Additional votes may be taken within the statutory time frame without triggering the rehearing process 62 calendar days to make a decision once public hearing closed ---PAGE BREAK--- Site plans & special use permits p p p Generally planning boards and ZBAs granted non- y p g g appellate duties by governing board Motion or resolution for final action passed by Motion or resolution for final action passed by majority vote of fully constituted board If ti f il t t j it t f ll b f If motion fails to get majority vote of all members of full board, no action has been taken Subdivision plats only: default approval may occur if l i b d d t k d i i ithi 62 d f planning board does not make decision within 62 days of public hearing closing ---PAGE BREAK--- County planning board or agency C y p g g y Certain planning & zoning Ce a p a g & o g actions require referral General Municipal Law §239-m or §239-n Adoption of motion or p resolution requires affirmative vote of majority f ll b f b d of all members of board General Municipal Law §239-c & §239-h Genesse County Planning Board § § ---PAGE BREAK--- Voting affected by county referral g y y R f i b d t k d i i ( t ) til Referring body cannot make a decision (vote) until Receipt of county planning agency’s report, OR 30 day county planning agency’s review period ends 30 day county planning agency s review period ends Clock begins when county receives “full statement” from referring body (includes Part I EAF) Two-day rule To act contrary to county’s recommendation for disapproval or approval with modification Requires supermajority or extraordinary vote Majority plus one vote ---PAGE BREAK--- Voting after absence g In the case of member absence In the case of member absence Applicant’s project presentation Public hearing Public hearing Other meetings where application was discussed Record when member indicates they reviewed record Record when member indicates they reviewed record after an absence & before voting Minutes Application Public hearing comments ---PAGE BREAK--- Fi di Findings ---PAGE BREAK--- Drafting findings g g Analysis applying law to facts, leading to conclusions y pp y g , g Describe reasons for decision May also support why condition(s) was imposed Not applicable to legislative acts Should be able to support decision, if challenged Possible content Applicant’s requested action Property information Board’s analysis Legal standards and related facts ---PAGE BREAK--- Apply legal standards pp y g Li t ll li bl t d d List all applicable standards contained in statute and local laws or ordinances List and weigh evidence to support or refute each standard Determine if compliance with each Determine if compliance with each standard is established by facts If not, determine if standards can b t b i i diti f be met by imposing conditions of approval ---PAGE BREAK--- D i i Decisions ---PAGE BREAK--- Base decision upon facts p Conclusory statements Conclusory statements Lack underlying facts or information needed to support conclusion Decisions based on conclusory statements will be struck down General community opposition is not valid basis to deny application ---PAGE BREAK--- Decision document Decision Decision Date action taken Motion Vote cast by each board member Any conditions imposed Locally establish what constitutes “decision document” Resolution Findings statement which includes decision Copy of applicant’s decision letter Minutes which indicate vote on relevant motion ---PAGE BREAK--- Notice & filing decisions g Attach findings to decision Attach findings to decision Notify applicant by mail Send county “report of final action,” if referred File with municipal clerk within 5 business days Clerk should date stamp all records Filing establishes start of 30 day period for appeal to NYS Supreme Court under Article 78 of NY Civil Practice Law & Rules Rules ---PAGE BREAK--- Contacting the NYSDOS g (518) 473-3355 Training Unit (518) 474-6740 Legal Department (800) 367-8488 Toll Free E il l l @d Email: [EMAIL REDACTED] Website: www.dos.ny.gov d /l / www.dos.ny.gov/lg/