[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-1989; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Records Retention and Disposition Schedule LGS-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.
In accordance with Article 57-A:
A. 
Only those records will be disposed of that are described in Records Retention and Disposition Schedule LGS-1 after they have met the minimum retention period prescribed therein.
B. 
Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods.
[Adopted 9-6-1993 by L.L. No. 4-1993]
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,[1] as well as records otherwise available by law.
[1]
Editor's Note: See Public Officers Law § 85 et seq.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Board of Trustees of the Village of Penn Yan 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) 
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, in accordance with § 148-11; 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 Penn Yan is not the custodian for such records; or
(b) 
The records of which the Village of Penn Yan is a custodian cannot be found after diligent search.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Records shall be available for public inspection and copying at the Village Office, 111 Elm Street, Penn Yan, New York 14527.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 in accordance with the Freedom of Information Law.
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 in accordance with the Freedom of Information Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Records Access Officer shall maintain a reasonably detailed current list by subject matter of all records in his or her 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 annually, and the date of the most recent update shall be conspicuously indicated on the list.
D. 
The subject matter list shall be posted on the Village of Penn Yan website, and such posting shall be linked to the website of the Committee on Open Government.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 § 148-8D of this article, such failure shall also be deemed a denial of access.
C. 
The Board of Trustees of the Village of Penn Yan shall hear appeals for denial of access to records under the Freedom of Information Law.[1]
[1]
Editor's Note: See Public Officers Law § 85 et seq.
D. 
Any person denied access to records may appeal within 30 days of a denial.
E. 
The time for deciding an appeal by the body designated to hear appeals shall commence upon receipt of a written appeal identifying:
(1) 
The date and location of the request for records.
(2) 
The records to which the requester was denied access.
(3) 
The name and return address of the requester.
F. 
The body designated to hear appeals shall inform the requester of its decision, in writing, within 10 business days of receipt of an appeal.
G. 
The body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.
H. 
The body designated to hear appeals 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 Public Access to Records in the same manner as set forth in Subsection G of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
There shall be no fee charged for inspection of or search for records or any certification pursuant to this article except as permitted under the Freedom of Information Law.
B. 
The fee for photocopies not exceeding eight and one half by fourteen (8 1/2 x 14) inches is $0.25 per page.
C. 
The fee for postage, shipping or delivery will be the actual cost.
D. 
The fee for photocopies, except as specified in section 148-11B, as well as storage devices will be the actual cost.
E. 
The fee for search time of over two hours shall be charged at an amount equal to the hourly salary attributed to the lowest-paid employee
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A notice containing the title or name and business address of the Records Access Officer and appeals person 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.