Village of Westfield, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-2-1974; amended in its entirety 6-1-1978]
[Amended 10-30-1995 by L.L. No. 5-1995]
The Board of Trustees hereby promulgates this set of rules in accordance with the Public Officers Law § 89, Subdivision 1(b)iii.
[Amended 10-30-1995 by L.L. No. 5-1995]
The Village Clerk, 23 Elm Street, Westfield, New York, is hereby redesignated as the records access officer of the Village of Westfield, New York.
In the event that such records are not readily available, the person seeking public records shall make application to the records access officer upon the application form supplied by such officer.
The records access officer is hereby directed to make available to persons requesting records those public records which, by law, are required to be made available for public inspection and copying during all hours that the Village office is regularly open for business. The law, as amended, states that all records are accessible except those which may be withheld under specifically enumerated categories of deniable records. In the event that the request for public records interferes with the operation of the office of the Village Clerk and makes it difficult for members of the public to receive the regular services of the Village Clerk, the records access officer is hereby authorized to establish hours during each day when he shall process requests for records, including the times when such requests shall be made in order to enable him to find the records for review and copying. The times so established by the records access officer shall be conspicuously posted on the bulletin board in the office of the Village Clerk at Eason Hall, 23 Elm Street, Westfield, New York.
The records access officer is authorized to copy any records which are within the purview of the law and to charge $0.25 per page for photocopies not exceeding nine by 14 inches.
No records shall be removed from the lawful custody of any public officer charged with the duty of maintaining such records.
In the event that any requests cannot be met because such records are being used for current working purposes, the applicant shall be advised of such fact, and every effort will be made to arrange a specific time when such records will be available.
In the event that a question arises as to the nature of the records, in that public viewing of such records may result in an unwarranted invasion of a citizen's personal privacy or may result in a disclosure of material that must be confidential to promote effective law enforcement, or for any other reason which, in the opinion of the records access officer, is valid to promote the public interest while consistent with the new law, the records access officer shall confer with the Village Attorney before determining if such records shall be made available for inspection.
In the event that any person is denied access to any public records in violation of the law, that person shall advise the Village Board of Trustees of such denial, in writing, and set forth the records requested, the reason for denial and the fact that the fees for such records were, in fact, tendered, if such is the case.
The purpose of these regulations shall be to maintain the spirit of the law and to recognize that the concept of open records is consistent with the purpose of the Village Board of Trustees.