[HISTORY: Adopted by the Board of Trustees of the Village of Scottsville:
Art. I, at time of adoption of Code (see Ch. 1, General Provisions, Art. I);
Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A. The people's right to know the process of governmental
decisionmaking and to review 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. These regulations provide information concerning the
procedures by which records may be obtained.
C. 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.
A. The following records, pursuant to village and state
law, are not accessible to the public:
(1) Those which are specifically exempted from disclosure
by state or federal statute.
(2) Those which, if disclosed, would constitute an unwarranted
invasion of personal privacy under the provisions of Subdivision 2 of § 89
of the Public Officers Law.
(3) Those which, if disclosed, would impair present or imminent
contract awards or collective bargaining negotiations.
(4) Those which are trade secrets or are maintained for the
regulation of commercial enterprise which, if disclosed, would cause substantial
injury to the competitive position of the subject enterprise.
(5) Those which are compiled for law enforcement purposes
and which, if disclosed, would:
(a) Interfere with law enforcement investigations or judicial
proceedings;
(b) Deprive a person of a right to a fair trial or impartial
adjudication;
(c) Identify a confidential source or disclose confidential
information relating to a criminal investigation; or
(d) Reveal criminal investigative techniques or procedures,
except routine techniques and procedures.
(6) Those which, if disclosed, would endanger the life or
safety of any person.
(7) Those which are interagency or intraagency materials
which are not:
(a) Statistical or factual tabulations or data;
(b) Instructions to staff that affect the public;
(c) Final agency policy or determinations; or
(d) External audits, including but not limited to audits
performed by the Comptroller and the federal government.
(8) Those which are examination questions or answers which
are requested prior to the final administration of such questions.
(9) Those which are computer access codes.
B. 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 of the Village of Scottsville is
responsible for ensuring compliance with the regulations herein and designates
the following persons as records access officers:
B. Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records. The
designation of 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. Records access officers
shall ensure that personnel:
(1) Maintain an up-to-date subject matter list.
(2) Assist the requester in identifying requested records,
if necessary.
(3) Upon locating the records, take one of the following
actions:
(a) Make records available for inspection; or
(b) Deny access to the records in whole or in part and explain,
in writing, the reasons therefor.
(4) Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with §
123-9.
(5) Upon request, certify that a record is a true copy.
(6) Upon failure to locate records, certify that:
(a) The Village of Scottsville is not the custodian for such
records; or
(b) The records of which the Village of Scottsville is custodian
cannot be found after diligent search.
Records shall be available for public inspection and copying at the
office of the Village Clerk.
Requests for public access to records shall be accepted and records
produced during all hours the Village Clerk's office is regularly open
for business. These hours are 9:00 a.m. until 4:00 p.m.
A. A written request is required.
B. A response shall be given regarding 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
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, such failure
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 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. Denial of access to records shall be in writing, stating
the reason therefor and advising the requester of the right to appeal to the
individual or body established to hear appeals.
B. If requested records are not provided promptly as required in §
123-6D of these regulations, such failure shall also be deemed a denial of access.
C. The Board of Trustees of the Village of Scottsville shall
hear appeals from denial of access to records under the Freedom of Information
Law.
D. The time for deciding an appeal by the body designated
to hear appeals shall commence upon receipt of written appeal identifying:
(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 §
123-6D.
(5) The name and return address of the requester.
E. The body designated to hear appeals shall inform the
requester of its decision, in writing, within 10 business days of receipt
of an appeal.
F. The body designated to hear appeals shall transmit to
the Committee on Open Government copies of all appeals upon receipt of appeals.
Such copies shall be addressed to the Committee on Open Government, Department
of State, 162 Washington Avenue, Albany, New York 12231.
G. The 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.
A. There shall be no fee charged for:
(3) Any certification pursuant to this chapter.
B. Copies of records shall be provided according to the
following fee schedule:
(1) The fee for photocopies not exceeding nine inches by
14 inches is $0.25 per page.
(2) The fee for copies of records other than photocopies
which are nine inches by 14 inches or less shall be the actual copying cost,
excluding fixed agency costs such as salaries.
A notice containing the title or name and business address of the records
access officers and appeals person or body and the location where records
can be seen or copied shall be posted in a conspicuous location wherever records
are kept and/or published in a local newspaper of general circulation.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Records Retention and Disposition Schedule MU-1, issued pursuant
to Article 57-A of the Arts and Cultural Affairs Law and containing legal
minimum retention periods for municipal government records, is hereby adopted
for use by all municipal officers in disposing of municipal government records
listed therein.
In accordance with Article 57-A:
A. Only those records will be disposed of that are described
in Records Retention and Disposition Schedule MU-1 after they have met the
minimum retention period prescribed therein.
B. Only those records will be disposed of
that do not have sufficient administrative, fiscal, legal or historical value
to merit retention beyond established time periods.