[HISTORY: Adopted by the Board of Trustees of the Village of Pelham Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-27-1978]
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 persons as records access officers: Village Clerk and Deputy Village Clerk. Records access officers are responsible for ensuring appropriate response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.
B. 
Records access officers shall assure that 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 promptly available for inspection; or
(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 in accordance with § 44-8; 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 of Pelham Manor is not the custodian for such records; or
(b) 
The records of which the Village of Pelham Manor is a custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the village office at 4 Penfield Place, Pelham Manor.
Requests for public access to records shall be accepted and records produced during all hours the village office is regularly open for business. These hours are 9:00 a.m. to 4:30 p.m., Mondays through Fridays, except holidays.
A. 
A request for records must be made in writing, except that written requests shall not be required for records that have been customarily available without written request.
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.
A. 
A reasonably detailed current list by subject matter of all records in the village's possession shall be maintained, 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 Board of Trustees shall 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 Board of Trustees, and the Board of Trustees shall be identified by name, 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 as required in § 44-5 of these regulations, such failure shall be deemed a denial of access by the village.
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 shall commence upon receipt of written appeal identifying:
(1) 
The date and location of a request for records;
(2) 
The records that were denied; and
(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 Board of Trustees 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; or
(3) 
Any certification pursuant to this section.
B. 
Photocopies.
(1) 
The fee for photocopies of police reports is $3 per report. (Resolution of the Board of Trustees, March 9, 1964.)
(2) 
The fee for photocopies, other than police reports, not exceeding 8.5 by 14 inches, is $0.25 per page.
C. 
The fee for photographic prints from negatives is $5 for the first print and $1 for each additional print from the same negative.
D. 
The fee for copies other than Subsections B and C above shall be the actual cost of copying.
The village 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.
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.