[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo
Park 10-8-1974, amended in its entirety at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted
where applicable.]
The Mayor, as Chief Fiscal Officer, is hereby designated as the individual
to whom a bona fide member of the news media shall direct requests upon the
form prescribed by the Comptroller of the State of New York for the inspection
of the payroll records of the Village of Tuxedo Park and provide a certified
copy. All requests by the news media shall be made directly to the Mayor at
his office located at the Village Hall, Lorillard Road, Tuxedo Park, New York,
at all hours that the Clerk's office is regularly open for business.
The following persons shall be called "records access officers," who
shall make available to the public all records pertaining to the operation
of the particular Tuxedo Park agency, which records shall be kept in the area
designated:
A.
Village Clerk, Village Office, Tuxedo Park, New York,
telephone 351-4745.
B.
Building Inspector, Village Office, Tuxedo Park, New
York, telephone 351-4745.
C.
Department of Public Works, Village Office, Tuxedo Park,
New York, telephone 351-4745.
D.
Chief of Police, Tuxedo Road, Tuxedo Park, New York,
telephone 351-4741.
E.
Village Assessor, Village Office, Tuxedo Park, New York,
telephone 351-4745.
F.
Chairman, Fire Commissioners, Village Office, Tuxedo
Park, New York, telephone 351-4745.
The records access officers are responsible for the following:
Each agency shall designate the locations where records shall be available
for public inspection and copying.
A.
An agency may require that a request be made in writing
or may make records available upon oral request.
B.
An agency shall respond to any request reasonably describing
the record or records sought 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
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 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.
Each agency shall maintain a reasonably detailed current
list by subject matter of all records in its 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 Tuxedo Park 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. The records access officer shall not be the appeals officer.
C.
If any agency fails to respond to a request within five business days of receipt of a request, as required in § 21-5D of this chapter, such failure shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
The agency shall transmit to the Committee on Open Government
copies of all appeals upon receipt of an appeal. Such copies shall be addressed
to:
|
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
|
G.
The person or 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 in the same manner as set forth in Subsection F of this section.
Fees shall be as follows, except when a different fee is otherwise prescribed
by law:
B.
An agency may provide copies of records without charging
a fee.
C.
An agency may charge a fee for copies of records, provided
that:
(1)
The fee for copying records shall not exceed $0.25 per
page for photocopies not exceeding nine inches by 14 inches. This subsection
shall not be construed to mandate the raising of fees where agencies in the
past have charged less than $0.25 for such copies.
(2)
In agencies which do not have photocopying equipment,
a transcript of the requested records shall be made upon request. Such transcripts
may either be typed or handwritten. In such cases, the person requesting records
may be charged for the clerical time involved in making the transcript.
Each agency 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 copying.
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.
