[HISTORY: Adopted by the Common Council of the City of Hornell as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-10-1975]
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. 
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] and those which were furnished to the public prior to its enactment.
[1]
Editor's Note: See Art. 6 of the Public Officers 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 City Clerk is responsible for ensuring compliance with the regulations herein and is designated as the records access officer.
[Amended 12-28-1992 by L.L. No. 4-1992]
B. 
The records access officer is responsible for ensuring appropriate agency 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.
C. 
The records access officer shall assure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester to identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions in accordance with § 235-5B:
(a) 
Grant access to the records.
(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 § 235-7; or
(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 City of Hornell is not the legal custodian for such records; or
(b) 
The records of which The City of Hornell is a legal custodian, after diligent search, cannot be found.
A. 
The City Chamberlain is designated the fiscal officer who shall certify the payroll and respond to requests, in accordance with § 235-5B for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
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 the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
A. 
Records shall be available for public inspection and copying at 82 Main Street,[1] Hornell, New York, or at the location where they are kept.
[1]
Editor’s Note: The address in Subsection A was updated at the request of the City.
B. 
Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are 9:00 a.m. through 4:00 p.m.
A. 
Where a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request.
B. 
Response to requests.
(1) 
Except under extraordinary circumstances, officials shall respond to a request for records no more than five business days after receipt of the request, whether the request is oral or in writing.
(2) 
If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made.
C. 
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. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.
D. 
List of records.
(1) 
A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974, shall be available for public inspection and copying. 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.
(3) 
To assist requesters, a copy of the subject matter list may be filed with regulations governing access to records.
E. 
No records may be removed by the requester from the office where the record is located without the permission of the City Clerk.
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 § 235-5B of this chapter, such failure shall also be deemed a denial of access.
C. 
The Mayor of the City of Hornell shall hear appeals for denial of access to records under the Freedom of Information Law.
[Amended 12-28-1992 by L.L. No. 4-1992]
D. 
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the requests for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 235-5B.
(5) 
The name and return address of the requester.
E. 
The individual or body designated to hear appeals shall inform the requester of its decision, in writing, within seven business days of receipt of an appeal.
F. 
A final denial 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.
A. 
Fees for inspection, search or certification. No fee is required for inspection, search or certification of records.
B. 
Fees for photocopies. The fee for photocopies not exceeding 8 1/2 inches by x 14 inches is $0.25 per page.
C. 
Fees for copies of records other than photocopies which are 8 1/2 inches by 14 inches or less in size. The fee for copies of records other than photocopies which are 8 1/2 inches by 14 inches or less in size shall be the actual copying cost, excluding fixed agency costs such as salaries.
A notice containing the job title or name and business address of the records access officer and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons or 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.
[Adopted 5-28-1991[1]]
[1]
Editor's Note: This resolution also superseded former Article II, Records Retention, adopted 2-14-1989.
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.
In accordance with Article 57-A:
A. 
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.
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.