[HISTORY: Adopted by the Board of Trustees of the Village
of Cornwall-on-Hudson 11-28-1983 by L.L. No. 9-1983.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 30, Records, Public Access to, adopted 12-16-1974 by
resolution.
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.
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.
E.
These regulations are adopted pursuant to § 87 of the Public
Officers Law.
A.
The Board of Trustees is responsible for ensuring compliance with
the regulations herein and designates the following person as records
access officer:
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Village Clerk
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Village Office
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Box 337, 3 River Avenue
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Cornwall-on-Hudson, New York 12520
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Telephone: 534-4200
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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 shall be available for public inspection and copying
at:
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Village Office, 3 River Avenue
Cornwall-on-Hudson, New York 12520
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Requests for public access to records shall be accepted and
records produced during all hours regularly open for business.
A.
A written request is required; oral requests may be accepted in the
discretion of the access officer, when records are readily available.
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, 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 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 § 30-5D of these regulations, such failure shall also be deemed a denial of access.
C.
Any person denied access to a record may within 30 days appeal such
denial. Appeals for denial of access to records under the Freedom
of Information Law shall be heard by; the Board of Trustees of the
Village of Cornwall-on-Hudson.
D.
Copies of all appeals shall be transmitted to the Committee on Public
Access to Records.
E.
The time for deciding an appeal by the Board of Trustees shall commence
upon receipt of a written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the requests 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 § 30-5D.
(5)
The name and return address of the requester.
F.
The Board of Trustees shall inform the appellant and the Committee
on Public Access to Records of its determination in writing within
seven days of receipt of an appeal. The determination shall be transmitted
to the Committee on Public Access to Records at:
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Committee on Public Access to Records
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Department of State
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162 Washington Avenue
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Albany, New York 12231
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B.
Photostatic copies of records [not exceeding nine inches by 14 inches]
shall be provided at a cost of $0.25 per page. The fee 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. No records shall be reproduced until payment
is first received.
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.
