Village of Churchville, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Churchville 7-7-1975 by resolution. Sections 20-2A, 20-3A and 20-7A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 20-1
Purpose and scope. 

§ 20-2
Records access officer designated. 

§ 20-3
Fiscal officer designated. 

§ 20-4
Location. 

§ 20-5
Hours for public inspection. 

§ 20-6
Requests for public access to records. 

§ 20-7
Denial of access to records. 

§ 20-8
Fees. 

§ 20-1 Purpose and scope.

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

Editor's Note: See Art. 6 of the Public Officers Law.
and those which were furnished to the public prior to its enactment.

D. 

Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

§ 20-2 Records access officer designated.

A. 

The Mayor is responsible for ensuring compliance with the regulations herein. The Mayor shall designate the Village Clerk as records access officer. The records access officer shall coordinate the response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. 

The records access officer is responsible for assuring 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 promptly 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:

(a) 

Make a copy available upon payment or offer to pay established fees, if any; or

(b) 

Permit the requester to copy those records.

(5) 

Upon request, certify that a transcript is a true copy of records copied.

(6) 

Upon failure to locate records, certify that:

(a) 

The Village of Churchville is not the legal custodian for such records; or

(b) 

The records of which the Village of Churchville is a legal custodian cannot be found.

§ 20-3 Fiscal officer designated.

A. 

The Village Treasurer is designated fiscal officer. The fiscal officer is the person charged with certifying the payroll. The fiscal officer shall respond to requests for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. 

The Village Treasurer shall make the payroll items listed above available to any person, including bona fide members of the news media, as required under § 88, Subsections 1(g), 1(i) and 10, of the Freedom of Information Law.

§ 20-4 Location.

Records shall be available for public inspection and copying in the following location:

Village Hall 9 East Buffalo Street Churchville, New York 14428

§ 20-5 Hours for public inspection.

Requests for public access to records shall be accepted, and records shall be produced during all hours regularly open for business. These hours are: 9:00 a.m. to 12:00 noon; 1:00 p.m. to 4:00 p.m.

§ 20-6 Requests for public access to records.

A. 

Oral or written requests. Where a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request.

B. 

Prompt response to requests.

(1) 

Officials shall respond promptly to a request for records. Except under extraordinary circumstances, their response shall be made no more than five working days after receipt of the request, whether the request is oral or in writing.

(2) 

If for any reason, more than five days is required to produce records, receipt of the request shall be acknowledged within five working days after the request is received. The acknowledgment shall include a brief explanation of the reason for delay and an estimate of the date production or denial will be forthcoming.

C. 

Lists of records.

(1) 

A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974, is available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the record sought.

(2) 

The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.

D. 

Identification details. So that records can be located within a reasonable period of time, a request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records.

E. 

Identifying standards. A request for any or all records falling within a specific category shall conform to the standard that records be identifiable.

F. 

Removal restricted. No records may be removed by the requester from the office where the record is located without the permission of the Village Clerk.

§ 20-7 Denial of access to records.

A. 

The Mayor shall hear appeals for denial of access to records under the Freedom of Information Law.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. 

Denial of access shall be in writing stating the reason therefor and advising the requester of his/her right to appeal to the individual or body established to hear appeals.

C. 

If requested records are not provided promptly, as required in § 20-6A of this chapter, such failure shall be deemed a denial of access.

D. 

The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:

(1) 

The date and location of requests for records.

(2) 

The records to which the requester was denied access.

(3) 

The name and return address of the requester.

E. 

The individual or body designated to hear appeals shall inform the requester of its decision, in writing, within seven business days of receipt of an appeal.

F. 

A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.

§ 20-8 Fees.

A. 

There shall be no fee charged for:

(1) 

Inspection of records.

(2) 

Search for records (except a Village tax search).

(3) 

Any certification pursuant to this chapter.

B. 

Copies of records shall be provided upon payment of a fee, in advance of $0.25 per page for each page.