Village of LeRoy, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy as indicated in article histories. Amendments noted where applicable.]

ARTICLE I
Public Access (§ 34-1 — § 34-11) 

ARTICLE II
Retention Schedule (§ 34-12 — § 34-13) 

[Adopted 10-7-1974]

§ 34-1
Statutory authority. 

§ 34-2
Records Access Officer. 

§ 34-3
Application. 

§ 34-4
Making records available; hours. 

§ 34-5
Cost for copies. 

§ 34-6
Removal of records. 

§ 34-7
Records unavailable due to use. 

§ 34-8
Records not available for public inspection. 

§ 34-9
Appeal for denial of records. 

§ 34-10
Nature of regulations. 

§ 34-11
Purpose. 

§ 34-1 Statutory authority.

This Village Board hereby promulgates this set of rules in accordance with Chapter 578 of the Laws of 1974.

§ 34-2 Records Access Officer.

The Village Clerk is hereby designated as the Records Access Officer of the Village of LeRoy.

§ 34-3 Application.

Persons seeking public records shall make application to the Records Access Officer upon the application form supplied by such officer in the event that such records are not readily available.

§ 34-4 Making records available; hours.

A. 

The Records Access Officer is hereby directed to make available to persons requesting records those public records which by law are required to be made available for public inspection and copying.

B. 

In the event that the request for public records interferes with the operation of the office of the Village Clerk and makes it difficult for members of the public to receive the regular services of the Village Clerk, the Records Access Officer is hereby authorized to establish hours during the day when he shall process requests for records, including the times when such requests shall be made in order to enable him to find the records for review and copying. The times so established by the Records Access Officer shall be conspicuously posted in the office of the Village Clerk.

§ 34-5 Cost for copies.

The Record Access Officer is authorized to copy any records which are within the purview of the law and to charge $0.25 per page size 8 1/2 inches by 11 inches and $0.35 per page 8 1/2 inches by 15 inches.

§ 34-6 Removal of records.

No records shall be removed from the lawful custody of any public office charged with the duty of maintaining such records.

§ 34-7 Records unavailable due to use.

In the event that any requests cannot be met because such records are being used for current working purposes, the applicant shall be advised of such fact, and every effort will be made to arrange a specific time when such records will be available.

§ 34-8 Records not available for public inspection.

In the event that a question arises as to the nature of the records, in that public viewing of such records may result in an unwarranted invasion of a citizen's personal privacy or may result in a disclosure of material that must be confidential to promote effective law enforcement or for any other reason which, in the opinion of the Records Access Officer, is valid to promote the public interest while consistent with the new law, the Records Access Officer shall confer with the Village Attorney before determining if such records shall be made available for inspection.

§ 34-9 Appeal for denial of records.

In the event that any person is denied access to any public records in violation of the law, that person shall advise the Village Board of such denial in writing and shall set forth the records requested, the reason for denial and that fact that the fees for such records were, in fact, tendered.

§ 34-10 Nature of regulations.

These regulations shall be temporary and considered as such until the state guidelines are promulgated and until more comprehensive regulations can be prepared.

§ 34-11 Purpose.

The purpose of such regulations shall be to maintain the spirit of the law and to recognize that the concept of open records is consistent with the purpose of this Board of Trustees.

[Adopted 11-12-1991]

§ 34-12
Adoption of schedule. 

§ 34-13
Disposal of records. 

§ 34-12 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 period for municipal government records, is hereby adopted for use by all municipal government records listed therein.

§ 34-13 Disposal of records.

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.