[HISTORY: Adopted by the Board of Trustees of the Village of Groton
during codification; see Ch. 1, General Provisions, Art. II. Amendments noted
where applicable.]
A.
The people's right to know the process of government
decision-making and the documents and statistics leading to a determination
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.
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 following person as records
access officer: Village Clerk, Village Hall, 108 Cortland Street, Groton,
New York.
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.
D.
When used in this chapter, the term "record" or "records"
shall have the same meaning as contained in § 86 of the Public Officer's
Law of the State of New York, as the same may be amended from time to time.
The village and its agencies shall maintain such records as are required
by Article 6 of the Public Officers Law of the State of New York. Records
shall be available for public inspection and copying at the Village Clerk's
office, Village Hall, 108 Cortland Street, Groton, 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 request reasonably describing the record or records sought.
C.
A record 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 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 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 § 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
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
body established to hear appeals. Access to a record or records may be denied
for any reason permissible under federal or state law.
B.
If requested records are not provided promptly, as required in § 159-5D of this chapter, such failure shall also be deemed a denial of access.
C.
In the event of a denial of access, the requester shall
have the right to appeal such denial. Such appeal must be brought within 30
days of the date of such denial. The Village Board of Trustees 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 § 159-5D.
(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.
F.
The person designated to hear appeals shall immediately
forward to the Committee of Open Government copies of all appeals upon receipt
and the ensuing determination thereon.
G.
An appeal of the determination of the Village Board of
Trustees may be made in accordance with the provisions of § 89,
Subdivision 4(b), of the Public Officers Law of the State of New York.
The following fees shall be charged:
A.
Inspection of records: no fee.
B.
Search for records: no fee.
C.
Any certification pursuant to this chapter: $3.
D.
Photocopies not exceeding nine by fourteen (9 x 14) inches:
$0.25 per page.
E.
Fees for copies of records other than photocopies which
are nine by fourteen (9 x 14) inches or less in size: the actual copying cost,
excluding fixed agency costs such as salaries, except when a different fee
is otherwise prescribed by statute.
A notice containing the title or name and business address of the records
access officers and appeals body and the location where records can be seen
or copies may be made shall be posted in a conspicuous location wherever records
are kept.