Village of Kings Point, NY Chapter 120 Records, Public Access to

[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 2-8-1983 by L.L. No. 3-1983. Amendments noted where applicable.]

§ 120-1 Purpose and scope.

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 chapter provides information concerning the procedures by which records may be obtained from the Village of Kings Point.

C. The Village of Kings Point 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 § 84 et seq. 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.

§ 120-2 Records access officer designated; duties.

A. The Clerk-Treasurer's office shall be responsible for ensuring compliance with the regulations herein, and the Clerk-Treasurer shall have the duty of coordinating response to public requests for access to records. The designation of the Clerk-Treasurer as 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.

B. The records access officer is responsible for assuring that the Village of Kings Point 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; or

(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; 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 Clerk-Treasurer is not the custodian for such records; or

(b) The records of which the Clerk-Treasurer is a custodian cannot be found after diligent search.

§ 120-3 Availability of records.

A. Records shall be available for public inspection and copying at the Village Hall.

B. Hours for public inspection.

(1) Requests for public access to records shall be accepted during the normal working hours of the Village of Kings Point Clerk-Treasurer.

(2) Records will be produced for examination and copying during hours that the Clerk-Treasurer's office is regularly open for business.

§ 120-4 Requests for access.

A. All requests for records shall be made in writing.

B. Requests for records shall be honored within five business days of receipt of such request.

C. Requests shall reasonably describe the record or records sought. Whenever possible the request shall specify dates, file designations or other information that might help in describing the record sought.

D. Should the Clerk-Treasurer fail to provide or deny access to the records sought within five business days of the receipt of such request, the Clerk-Treasurer 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. Failure of the Clerk-Treasurer to either grant or deny a request within 10 business days after the date of acknowledgment of receipt of a request shall be construed as a denial of access that may be appealed.

§ 120-5 Subject matter list.

A. The Clerk-Treasurer shall maintain a reasonably detailed current list by subject matter of all records in its 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 not less than twice per year. The most recent update shall appear on the first page of the subject matter list.

§ 120-6 Denial of access.

A. The Board of Trustees shall hear appeals regarding 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 person denied access of his or her right to appeal to the Board of Trustees.

C. If an agency fails to respond to a request within five business days of receipt of a request, as required in § 120-4D of this chapter, such failure shall be deemed a denial of access by the agency.

D. Any person denied access to records may appeal within 30 days of a denial.

E. The time for deciding an appeal by the Board of Trustees shall commence upon receipt of a written appeal identifying:

(1) The date and location of a request for records.

(2) The records that were denied.

(3) The name and return address of the appellant.

F. The Board of Trustees shall, within seven business days of the receipt of such appeal, fully explain, in writing, to the person requesting the record the reasons for further denial or provide access to the record sought. In addition, the Board of Trustees shall immediately forward to the New York State Committee on Public Access to Records a copy of such appeal and the determination thereon.

G. A final denial of access to a requested record, as provided for in Subsection F of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.

§ 120-7 Fees.

[Amended 11-27-2007 by L.L. No. 8-2007]

The fees for the inspection, search, certification, and copying of documents shall be established from time to time by resolution of the Board of Trustees.[1]

[1] Editor’s Note: See Ch. A162, Fees.

§ 120-8 Public notice.

The Board shall publicize by posting in a conspicuous location:

A. The location where 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.

C. The right to appeal by any person denied access to a record to the Board of Trustees.