[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee during codification 5-23-1989 by L.L. No. 5-1989; see Ch. 1, General
Provisions, Art. III. Amendments noted where applicable.]
GENERAL REFERENCES
Notification of defects — See Ch. 88.
A.
The people's right to know the process of government decisionmaking
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.
D.
Any conflicts among laws governing public access to records shall
be construed in favor of the widest possible availability of public
records.
[Amended 11-14-1995]
A.
The Village of Dundee Board of Trustees hereby adopts a Records Management
Program to ensure ongoing protection and preservation of the official
written records pertaining to the Village of Dundee.
B.
The Village of Dundee Board of Trustees shall be responsible for
ensuring compliance with the regulations herein, and the Village of
Dundee Board of Trustees shall appoint a Records Management Officer
to assist said Board in the administration of this program.
C.
The Records Management Officer shall:
(1)
Be responsible for ensuring appropriate agency response to public
requests for access to records. The designation of a Records Management
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.
(2)
Ensure that personnel maintain an up-to-date subject matter list.
(3)
Assist the requester in identifying requested records, if necessary.
(6)
Upon request, certify that a record is a true copy.
[Amended 11-14-1995]
The records shall be available for public inspection and copying
at the Dundee Village Hall, 12 Union Street, Dundee, New York, 14837,
during all hours 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 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, 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 § 101-5D of this chapter, such failure shall also be deemed a denial of access.
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 § 101-5D.
(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.
[Amended 11-14-1995]
The following Schedule of Fees shall apply:
B.
The fee for photocopies not exceeding 8 1/2 inches by 14 inches
is $0.25 per page.
C.
Charges for certified copies of birth and death certificates shall
be collected as established by the New York State Department of Health.
D.
All other certified copies of public records shall be issued free
of additional charges.
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 may be made shall be posted in a conspicuous
location wherever records are kept.