[HISTORY: Adopted by the Board of Trustees of the Village of Bronxville 12-10-2007 by L.L. No. 9-2007. Amendments noted where applicable.]
This chapter shall be known and may be cited hereinafter as the "Records Access Law of the Village of Bronxville."
It is the intent of this chapter to provide for a uniform procedure for giving public access to public records in the Village of Bronxville.
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. 
This chapter provides 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 (Public Officers Law § 85 et seq.), 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 of the Village of Bronxville is responsible for ensuring compliance with the regulations herein, and the Board of Trustees shall appoint a Records Access Officer to assist said Board in the administration of this chapter. The Records Access Officer shall be the Village Clerk.
B. 
The Records Access Officer 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.
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 the records in whole or in part and explain, in writing, the reasons therefor.
(4) 
Upon request for copies of records:
(a) 
Make a copy available upon payment or an offer to pay established fees, if any, in accordance with § 46-10; or
(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 of Bronxville is not the custodian for such records; or
(b) 
The records of which the Village of Bronxville is a custodian cannot be found after a diligent search.
Records shall be available for public inspection and copying at the Village Offices, 200 Pondfield Road, Bronxville, New York 10708.
Requests for public access to records shall be accepted and records produced during all hours regularly open for business.
A. 
All Freedom of Information Law (FOIL)[1] requests shall be written and submitted either in person, by mail, fax, or electronically to the Records Access Officer.
[1]
Editor's Note: See Public Officers Law § 85 et seq.
B. 
Within five business days of receiving a FOIL request, the Records Access Officer shall either provide the records requested, deny the request or send a written response to the requester acknowledging that the FOIL request has been received.
C. 
A FOIL 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 records sought within five business days of receipt of a request, he or she shall have 20 business days to provide the documents. If more time is needed to provide the requested documents due to the nature of the FOIL request, the Records Access Officer shall inform the requester that additional time is required. If the Records Access Officer does not grant, deny or provide for additional time within 20 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 Public Officers Law § 87(2).
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 within the time period required in § 46-7D of this chapter, such failure shall also be deemed a denial of access.
C. 
The Village Attorney shall hear appeals for denial of access to records under the Freedom of Information Law (§ 85 et seq. of the Public Officers Law).
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 § 46-7.
(5) 
The name and return address of the requester.
E. 
The Village Attorney shall inform the requester of his or her decision, in writing, within 10 business days of receipt of an appeal.
F. 
The Village Attorney shall transmit to the New York State Department of State Committee on Open Government copies of all appeals upon receipt of appeals.
G. 
The body designated to hear appeals 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.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
B. 
The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.
C. 
The fee for copies of records not covered by Subsections A and B of this section shall not exceed the actual reproduction cost (which is the average unit cost for copying a record, excluding fixed costs of the Village, such as operator salaries).
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.