[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 3-12-1985 as L.L. No. 2-1985.
Amendments noted where applicable.]
A.
The people's right to know the process of government
decision making and the documents and statistics leading to determinations
is basic to our society. Access to such information should not be
thwarted by shrouding it with the cloak of secrecy or confidentiality.
B.
This chapter provides information concerning the procedures
by which records may be obtained from the Village of Hammondsport.
C.
The Village of Hammondsport personnel shall furnish
to the public the information and records required by the Freedom
of Information Law, as well as records otherwise available by law.
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 Clerk is hereby designated as the chief records
access officer for the village and shall, as such, be responsible
for ensuring compliance with the regulations herein and shall have
the duty of coordinating response to public requests for access to
public records. As deemed necessary, the Village Clerk may designate,
by name or by specific job title and business address, one or more
persons as records access officers for those departments, offices
or other village agencies whose records are not normally maintained
by or in the Clerk's office. The designation of one or more records
access officers 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.
A.
Records shall be available for public inspection and
copying at the Village Clerk's office.
A.
All requests shall be made in writing.
B.
Requests for records shall be honored within five
business days of receipt of such request.
C.
Requests shall reasonably describe the record or records
sought. Whenever possible, the request shall specify dates, file designations
or other information that might help in describing the records sought.
D.
Should a records access officer fail to provide or
deny access to the records sought within five business days of the
receipt of such request, such records access officer 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.
Failure of the records access officer to either grant or deny a request
within 10 business days after the date of acknowledgment of receipt
of a request shall be construed as a denial of access that may be
appealed.
A.
The Clerk and each records access officer shall maintain
a reasonably detailed current list, by subject matter, of all records
in their possession, whether or not the 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.
The Board of Trustees 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 an agency fails to respond to a request within five business days of receipt of a request as required in § 92-4D above, 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.
E.
The time for deciding an appeal by the Board of Trustees
or the person or body designated by it to hear appeals shall commence
upon receipt of written appeal identifying:
F.
The Board of Trustees shall transmit to the Committee
on Public Access to Records in the Department of State copies of all
appeals upon receipt of an appeal.
G.
The Board of Trustees or the person or body designated by it 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 above.
Except when a different fee is otherwise prescribed
by law:
The Board of Trustees 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 officers.
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.