[HISTORY: Adopted by the Board of Trustees of the Village of Valatie as indicated in article histories. Amendments noted where applicable.]
[The Village of Valatie Records Retention and Disposition Schedule is on file in the office of the Village Clerk, where it is available for inspection during regular business hours.]
[Adopted 4-22-1980 by L.L. No. 3-1980 (Ch. 11 of the 1980 Code)]
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 from the Village as required by Article 6 of the Public Officers Law.
C. 
Village 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 Village Clerk, whose office is at 3211 Church Street, Valatie, New York 12184, is hereby designated as records access officer for the Village of Valatie for all records except police and court records. In said capacity, the Village Clerk shall have the duty and responsibility of coordinating the Village's response to public requests for access to records. In the absence of the Village Clerk, the Deputy Clerk, whose office address is the same as that of the Village Clerk, shall perform the duties of records access officer. Police and court records are located within the Town of Kinderhook.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The records access officer is responsible for assuring that Village 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.
(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:
(a) 
Make a copy available upon payment or offer to pay established fees, if any; or
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The Village is not the custodian for such records; or
(b) 
The records for which the Village is a custodian cannot be found after diligent search.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All Village records shall be available for public inspection and copying at the Village Office, 3211 Church Street, Valatie, New York 12184. Police and court records shall be available for public inspection and copying at the Village Office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Requests for public access to records shall be accepted, and such records shall be produced between Monday through Thursday, 9:00 a.m. to 3:00 p.m., except on legal holidays. Court or police records may be viewed or searched by appointment with the Town of Kinderhook.
A. 
All requests shall be made in writing upon forms supplied by the Village.
B. 
The Village shall respond to 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 Village does not provide or deny access to the record sought within five business days of receipt of a request, the agency 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 Village 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. 
The Village Board 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.
C. 
If the Village fails to respond to a request within five business days of receipt of a request, such failure shall be deemed a denial of access by the agency.
D. 
Any person denied access to records may appear within 30 days of a denial.
E. 
The time for deciding an appeal shall commence upon receipt of the written appeal, identifying:
(1) 
The date and location of a request for records.
(2) 
The records that were denied.
(3) 
The name and return address of the appellant.
F. 
The Village shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of an appeal. Such copies shall be addressed to: Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, New York 12231.
G. 
The Village Board shall inform the appellant and the Committee on Public Access to Records of its determination, in writing, within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.
H. 
A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is otherwise prescribed by law:
A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search for records.
B. 
The fee for copying records shall be $0.50 per page for photocopies not exceeding 8 1/2 inches by 14 inches.
C. 
The fee for certifying copies of records shall be an additional $0.50 per copy.
D. 
The fee for copies of records not covered by Subsections B and C of this section shall be the actual reproduction cost, excluding fixed costs of the Village for employee salaries.
The Village shall publicize, by posting in a conspicuous location and by publication in the official Village newspaper:
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.
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.