[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 6-20-1989
by L.L. No. 2-1989. Amendments noted where applicable.]
The purpose of this chapter is to effectuate the provisions of Public
Officers Law § 89 and the regulations promulgated by the Committee
on Public Access to Records, Chapter XXV, Part 1401.
A.
The Village Board of the Village of Chittenango shall
be responsible for ensuring compliance with this chapter. The Village Board
hereby designates the Village Clerk, Village Hall, 222 Genesee Street, Chittenango,
New York, to be records access officer, who shall have the duty of coordinating
response to public requests for access to records.
Records shall be available for public inspection and copying at the
Village Hall, 222 Genesee Street, Chittenango, New York.
The records access officer of the Village of Chittenango shall accept
requests for public access to records and produce records during all hours
in which the Village Hall is open for business.
A.
A request for access to records must be made in writing.
Such request may be either presented personally at the Village Hall or mailed
to the Village Hall, 222 Genesee Street, Chittenango, New York.
B.
Response to any request for public access to records
reasonably describing the record or records sought shall be made within five
business days of receipt of the request.
C.
A 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 agency does not provide or deny access to the
record sought within five business days of receipt of a request, the agency
shall furnish a written acknowledgment of the 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, this may be construed
as a denial of access that may be appealed.
A.
The records access officer shall maintain or cause to
be maintained a reasonably detailed current list by subject matter of all
records in his possession, whether or not records are available pursuant to
Subdivision 2 of § 87 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
twice per year. The most recent update shall appear on the first page of the
subject matter list.
A.
The Village Board of the Village of Chittenango shall
hear appeals or shall designate a person or body to hear appeals regarding
denial of access to records under the Freedom of Information Law.
B.
Denial of access shall be in writing, stating the reason
therefor and advising the person denied access of his or her right to appeal
to the person or body established to hear appeals, and that person or body
shall be identified by name, title, business address and business telephone
number.
C.
If an agency fails to respond to a request within five business days of receipt of a request as required in § 29-5D, such failure shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal in writing
within 30 days of a denial. Such appeal shall be made to the Village Board
of Trustees by way of the Village Clerk.
F.
The agency shall transmit to the Committee on Public
Access to Records copies of all appeals upon receipt of an appeal. Such copies
shall be addressed to:
Committee on Public Access to Records
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Department of State
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162 Washington Avenue
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Albany, New York 12231
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G.
The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.
Except when a different fee is otherwise prescribed by law:
The village shall publicize by posting in a conspicuous location and/or
by publication in a local newspaper of general circulation:
A.
The location where records shall be made available for
inspection and copy.
B.
The name, title, business address and business telephone
number of the designated records access officer.
C.
The right to appeal by any person denied access to a
record and the name and business address of the person or body to whom an
appeal is to be directed.