[HISTORY: Adopted by the Board of Trustees of the Village
of Bath 4-30-1979. 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 Bath.
C.
The Village of Bath 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-Treasurer 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-Treasurer may designate, by
name or by specific job title and business address, one or more persons
as records access officer for those departments, offices or other
Village agencies whose records are not normally maintained by or in
the Clerk-Treasurer'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 Municipal Building.
A.
All requests for records 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 record 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-Treasurer 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(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 § 22-4D 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 Open Government
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 Open Government of its determination in writing within seven 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 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 officer(s).
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.