Village of Massena, NY
St. Lawrence County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massena as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-6-1976 by L.L. No. 1-1976]
This chapter shall be known as the "Freedom of Information Act of the Village of Massena."
A. 
The peoples' right to know the process of government decisionmaking and the documents and statistics leading to such 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 agencies and municipalities. No Village regulation shall be more restrictive than this chapter.
C. 
Village personnel shall furnish to the public the information and records required by the Freedom of Information Law and those records which were furnished to the public prior to its enactment.
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 Board of Trustees shall be responsible for ensuring compliance with the regulations herein, and shall designate the Village Clerk as the records access officer. The records access officer shall have the duty of coordinating Village response to public requests for access to records. However, the public shall not be denied access to records by Village personnel who have in the past been authorized to make records or information available.
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 promptly 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.
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a transcript is a true copy of records copied.
(6) 
Upon failure to locate records, certify that:
(a) 
The Village is not the legal custodian for such records.
(b) 
The records of which the Village is a legal custodian cannot be found.
A. 
The Village Board of Trustees shall designate the Village Treasurer as the fiscal officer. He shall respond to requests for an itemized record setting forth the name, address, title and salary of every officer or employee of the Village.
B. 
The fiscal officer shall make the payroll items listed above available to any person, including bona fide members of the news media as required under Public Officers Law § 87, Subdivision 3(b).
[Amended 9-4-2001 by L.L. No. 2-2001]
The Village hereby designates the Town Hall as the location where records shall be available for public inspection and copying.
The Village shall accept requests for public access to records and produce records during all hours that the Town Hall is regularly open for business.
Those Village records to which access may be had and those Village records to which access may be denied shall be governed by the provisions of Article 6 of the Public Officers Law of the State of New York (Freedom of Information Law).
A. 
Where a request for records is required, such request must be in writing. However, written request shall not be required for records that have customarily been available without written request.
B. 
Time limit for response to request.
(1) 
Village personnel shall respond promptly to a request for records. Except under extraordinary circumstances, this response shall be made no more than five working days after receipt of the request by the records access officer.
(2) 
If for any reason more than five days is required to produce records, the Village official shall acknowledge receipt of the request within five working days after the request is received. The acknowledgment should include a brief explanation of the reason for delay and an estimate of the date production or denial will be forthcoming.
C. 
List of available records.
(1) 
Each department, agency, board or commission of the Village shall maintain and make available for public inspection and copying a current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974. The list shall be sufficiently detailed to permit the requester to identify the file category of the records sought.
(2) 
The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.
D. 
So that Village personnel can locate records within a reasonable period of time, a request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records.
E. 
A request for any or all records falling within a specific category shall conform to the standard that records be identifiable.
F. 
No records may be removed by the requester from the office where the record is located without the permission of the records access officer.
A. 
The Village Board of Trustees shall hear appeals for 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 requester of his right to appeal to the Board of Trustees.
C. 
If the Village fails to provide requested records promptly, as required in § 224-8B of this chapter, such failure shall be deemed a denial of access by the agency or municipality.
D. 
The time for deciding an appeal by the Village Board of Trustees shall commence upon receipt of written appeal identifying:
(1) 
The date and location of requests for records.
(2) 
The records to which the requester was denied access.
(3) 
The name and return address of the requester.
E. 
The Village Board of Trustees shall inform the requester of its decision, in writing, within 10 business days of receipt of an appeal.
[Amended 10-2-2007 by L.L. No. 2-2007]
F. 
A final detail of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
Except where fees or exemptions from fees have been established by law, rule or regulation prior to September 1, 1974:
A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
B. 
The Village may charge a fee for copies of records, provided that:
(1) 
The fee for copying records shall not exceed $0.25 per page for photocopies not exceeding 8 1/2 inches by 14 inches. This section shall not be construed to mandate the raising of fees where the Village in the past has charged less than $0.25 for such copies.
(2) 
The fee for copies of records not covered by Subsection B(1) of this section shall not exceed the actual copying cost which is the average unit cost for copying a record, excluding fixed costs of the agency, such as operator salaries.
The Village shall publicize, by posting in a conspicuous location wherever records are kept:
A. 
The location where public 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 and fiscal officer.
C. 
The right to appeal by any requester denied access to a record for whatever reason and the name and address of the person or persons or body to whom an appeal is to be directed.
A. 
This chapter shall be binding upon all elected officers, appointed officers, employees or agency members of the Village of Massena.
B. 
The words "Village official" and "Village personnel" as used in this chapter shall include elected officers, appointed officers, employees or agency members of the Village, as defined above.
C. 
Notwithstanding any other inconsistent provision of this chapter, the Police Department of the Village of Massena shall have its own records access officer who shall be designated by the Chief of Police, and all Police Department records shall be made available at Police Headquarters, during all hours that the Police Department Records Division is regularly open for business, for public inspection and copying. The maximum fee for copying any such Police Department records shall be $2 per report, regardless of length.
[Adopted 9-4-2001 by L.L. No. 2-2001]
A. 
Adoption of schedule. Records Retention and Disposition Schedule MU-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.
B. 
Disposal of records. In accordance with Article 57-A:
(1) 
Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.
(2) 
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.