[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.
