[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward 4-7-1986 by L.L. No. 1-1986 (Ch. 66 of the 1985
Code). 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.
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.
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 Board of Trustees is responsible for ensuring compliance with
the regulations herein and designates the following person as records
access officer: Village Clerk, Municipal Center, 118 Broadway, Fort
Edward, New York.
B.
The records access officer is responsible for ensuring appropriate
agency response to public requests for access to records. The designation
of the records access officer 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 shall be available for public inspection and copying
at the Village Clerk's office, Municipal Center, 118 Broadway,
Fort Edward, New York.
Requests for public access to records shall be accepted and
records produced during all hours that the Clerk's office is
regularly open for business.
A.
A written request may be required, but oral requests may be accepted
when records are readily available.
B.
A response shall be given within five business days of receipt of
any request reasonably describing the record or records sought.
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 provided 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 or 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.
The records access officer shall maintain a reasonably detailed current
list by subject matter of all records in his or her possession, whether
or not 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.
Denial of access to records shall be in writing stating the reason
therefor and advising the requester of the right to appeal to the
body established to hear appeals.
B.
If requested records are not provided promptly, as required in § 248-5D of this chapter, such failure shall also be deemed a denial of access.
C.
The Mayor shall hear appeals for denial of access to records under
the Freedom of Information Law.
D.
The time for deciding an appeal by the person designated to hear
appeals shall commence upon receipt of a written appeal identifying:
(1)
The date of the appeal.
(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 § 248-5D.
(5)
The name and return address of the requester.
E.
The person designated to hear appeals shall inform the requester
of his decision in writing within 10 business days of receipt of an
appeal.
F.
The person designated to hear appeals shall immediately forward to
the Committee of Open Government copies of all appeals upon receipt
and the ensuing determination thereon.
The following fees shall be charged:
A.
Inspection of records: no fee.
B.
Search for records: no fee.
C.
Any certification pursuant to this chapter: $3.
D.
Photocopies not exceeding nine inches by 14 inches: $0.25 per page.
E.
Fees for copies of records other than photocopies which are nine
inches by 14 inches or less in size shall be the actual copying cost,
excluding fixed agency costs such as salaries, except when a different
fee is otherwise prescribed by statute.
A notice containing the title or name and business address of
the records access officers and appeals body and the location where
records can be seen or copies shall be posted in a conspicuous location
wherever records are kept.