[HISTORY: Adopted by the Board of Trustees of Cuba Village:
Art. I, 5-23-1977 as Ch. 18 of the 1977 Code, amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I); Art. II, at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
[Adopted 5-23-1977 as Ch. 18 of the 1977 Code; amended in its entirety at
time of adoption of Code[1]]
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 (§ 84 et seq.
of the Public Officers Law), as well as records otherwise available
by law.
D.
Any conflict among laws governing public access to records shall
be construed in favor of the widest possible availability of public
records.
A.
The Board of Trustees of Cuba Village is responsible for ensuring
compliance with the regulations herein and designates the Village
Clerk and, in his/her absence, the Deputy Village Clerk as records
access officer, who shall be responsible for ensuring appropriate
agency response to public requests for access to records. The designation
of a 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.
Records shall be available for public inspection and copying
at the office of the Village Clerk, 17 East Main Street, Cuba, New
York.
Requests for public access to records shall be accepted and
records produced during all hours that the Clerk's office is
regularly open for business.
A.
A written request may be required, but oral requests may be accepted.
B.
A response shall be given regarding any request reasonably describing
the record or records sought within five business days of receipt
of the request.
C.
A request shall reasonably describe the record or records sought.
Wherever possible, a person requesting records should supply information
regarding dates, file designations or other information that may help
to describe the records sought.
D.
If the records access officer does not provide or deny access to
the records sought within five business days of receipt of a request,
he/she 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. If access to records is neither granted nor denied within
10 business days after the date of acknowledgment of receipt of a
request, the request may be construed as a denial of access that may
be appealed.
A.
The records access officer shall maintain a reasonably detailed current
list by subject matter of all records in his/her 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.
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 § 150-5D of this Article, such failure shall also be deemed a denial of access.
D.
The time for deciding an appeal by the 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 request for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 150-5D.
(5)
The name and return address of the requester.
E.
The body designated to hear appeals shall transmit to the Committee
on Open Government copies of all appeals upon receipt of appeals.
Such copies shall be addressed to the Committee on Open Government,
Department of State, 162 Washington Avenue, Albany, New York 12231.
F.
The Board of Trustees shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection E of this section.
A notice containing the title or name and business address of
the records access officer and appeals 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.
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.
