[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.]
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.
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 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.
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.
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.
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.
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.
[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]
The Board shall publicize by posting in a conspicuous location: