[HISTORY: Adopted by the Board of Trustees of the Village of Hamilton 11-13-1990 by L.L. No. 5-1990. Amendments noted where applicable.]
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, pursuant to this chapter, furnish to the public such information and records as is required by the Freedom of Information Law[1] or any other applicable law.
[1]
Editor's Note: See Public Officers Law § 84 et seq.
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 is responsible for ensuring compliance with the regulations herein and designates the Village Clerk as records access officer. The Board of Trustees is hereby authorized from time to time to change this designation by resolution of the Board.
B. 
The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the 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; or
(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, take one of the following actions:
(a) 
Make a copy available upon payment of the established fees, if any, in accordance with § 118-8; 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 is not the custodian for such records; or
(b) 
The records of which the Village is a custodian cannot be found after diligent search.
Records referred to at § 118-1C above shall be available for public inspection and copying at the Village Clerk's office, 3 Broad Street, Hamilton, New York.
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 when records are readily available.
B. 
A response shall be given within five business days of receipt of any written request reasonably describing the record or records sought.
C. 
A request shall reasonably describe the record(s) sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to specifically describe the records sought.
D. 
If the records access officer does not provide or deny access to the record 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 hereafter maintain a reasonably detailed current list by subject matter of all records hereafter generated in his or her possession, whether or not records are available pursuant to § 87, Subdivision 2, 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 every two years. 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 body established to hear appeals.
B. 
If requested records are not provided promptly, as required in  § 118-5D of this chapter, such failure shall also be deemed a denial of access.
C. 
The Village Board shall hear appeals for denial of access to records under the Freedom of Information Law.[1]
[1]
Editor's Note: See Public Officers Law § 84 et seq.
D. 
The time for deciding an appeal by the person 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 § 118-5D.
(5) 
The name and return address of the requester.
E. 
The person designated to hear appeals shall inform the requester of his decision, in writing, within 10 business days of receipt of an appeal.
A. 
The following fees shall be charged:
(1) 
Inspection of records: no fee.
(2) 
Search for records: $20 per hour.
(3) 
Any certification pursuant to this chapter: $1 per page.
(4) 
Photocopies not exceeding 8 1/2 by 11 inches: $0.25 per page; and 8 1/2 by 14 inches: $0.50.
(5) 
For copies of records other than photocopies which are 8 1/2 by 14 inches or less in size: the actual copying cost, except when a different fee is otherwise prescribed by statute.
B. 
The Board of Trustees is hereby authorized and empowered to modify this fee schedule from time to time by resolution.
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 in a conspicuous location wherever records are kept.
If any portion of this chapter is found to be invalid, such invalidity shall not affect or impair any other portion of this chapter.
This chapter shall take effect upon its proper filing as required by law.