[HISTORY: Adopted by the Board of Trustees of the Village of Skaneateles as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-2002]
The revised Records Retention and Disposition Schedule MU-1 of 2000 (8 NYCRR 185.11, Appendix H) from the State Archives and Records Administration of the State Education Department, and any schedule subsequently published by the state, is adopted for use by all Village of Skaneateles municipal officers and employees in disposing of municipal government records listed therein.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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. 
This article provides 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 (§ 85 et seq. of the Public Officers 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 of the Village of Skaneateles is responsible for ensuring compliance with the regulations herein, and the Board of Trustees shall appoint a Records Access Officer to assist said Board in the administration of this article.
B. 
The Records Access Officer shall be responsible for ensuring appropriate agency response to public requests for access to records. The designation of a Records Access 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.
C. 
The Records Access Officer shall ensure that personnel:
(1) 
Assist the requester in identifying requested records, if necessary.
(2) 
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.
(3) 
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 44-8.
(4) 
Upon request, certify that a record is a true copy.
(5) 
Upon failure to locate records, certify that:
(a) 
The Village of Skaneateles is not the custodian for such records; or
(b) 
The records of which the Village of Skaneateles is a custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the Village offices, 46 East Genesee Street, Skaneateles, New York 13152.
Requests for public access to records shall be accepted and records produced 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 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 records 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. 
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 § 44-6D of this article, such failure shall also be deemed a denial of access.
C. 
The Board of Trustees of the Village of Skaneateles shall hear appeals for denial of access to records under the Freedom of Information Law (§ 85 et seq. of the Public Officers Law).
D. 
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 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 § 44-6D.
(5) 
The name and return address of the requester.
E. 
The Board of Trustees shall inform the requester of its decision, in writing, within 10 business days of receipt of an appeal.
F. 
The Board of Trustees shall transmit to the Committee on Open Government copies of all appeals upon such receipt of appeals. Such copies shall be addressed to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231.
G. 
The Board of Trustees shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 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 of this section.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this article.
B. 
The fee for photocopies not exceeding 8 1/2 inches by 14 inches shall be determined by the Board of Trustees.
C. 
Fees for copies of records other than photocopies shall be the actual copying cost, excluding fixed agency costs such as salaries, except when a different fee is otherwise prescribed by statute.
A notice containing the title or name and business address of the Records Access Officer and appeals 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.