[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.
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.
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.
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.