[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City: Art. I, 2-27-1978; Art. II, 1-21-1992. Amendments noted where applicable.]
This Village Board hereby promulgates this set of rules and regulations in accordance with Article 6, § 89, Subdivision 1(b)iii, of the Public Officers Law, Chapter 933, Laws of 1977.
The Village Clerk is hereby designated as the Records Access Officer whose business address is Municipal Building, Johnson City, New York 13790. Said Clerk in turn may refer all applications for access to appropriate persons within each Village department or agency from whom said records may be obtained.
Persons seeking public records shall make application to the Records Access Officer upon the application form supplied by said officer.
The fees for copies of records shall be in the sum of twenty-five cents ($0.25) per photocopy not in excess of nine by fourteen (9 x 14) inches or the actual cost of reproducing any other record except when a different fee is otherwise prescribed by law.
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. Such officer and his or her designees may deny access to records or portions thereof which are specifically exempted from disclosure by state or federal statute or other provisions of the Freedom of Information Law.
No records shall be removed from the lawful custody of any public office charged with the duty of making, keeping and maintaining such records.
In the event that the request for public records interferes with the operation of the office of the Village Clerk or any other department or agency of said Village and makes it difficult or impossible for members of the public to receive the regular services of the Village Clerk or his or her designees, the Records Access Officer is hereby authorized to make such records available at such other times as may not interfere with the orderly operation of Village government and the administration thereof. In the event that proper application is made for a public record which is the proper subject of access to the public, such records, if available, shall be made available within five (5) business days of receipt of the request.
The records shall be available Monday through Friday except holidays during all hours the Village offices are regularly opened for business.
The Records Access Officer or his or her designees in each Village department will maintain an up-to-date subject matter list and assist the requester in identifying requested records, if necessary. Upon locating the records, said officer shall make the records available for inspection or deny access to the records in whole or in part and explain, in writing, the reasons therefor. Upon request, the Records Access Officer or his or her designees will certify that a record is a true copy thereof.
Upon failure to locate records requested, the Records Access Officer or his or her designees will certify that the Village or one (1) of its departments is not the custodian of such records or that the records which are requested cannot be found after diligent search.
[Amended 4-16-2002 by L.L. No. 1-2002]
In the event that there is a denial of access to records, such denial must be in writing, state the reason for the denial, and advise the applicant of his or her right to appeal. An applicant has 30 days to appeal a denial. Upon receipt of an appeal, the agency head, governing body or appeals officer has 10 days to fully explain in writing the reasons for further denial of access or to provide access to the records.
The purpose of this article is to comply with the spirit and intent of the Freedom of Information Law, and any provisions of this article which are inconsistent with said statute shall not affect or impair the validity of the other provisions of this resolution or the application thereof to other persons and circumstances.
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:
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.
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.
The governing body and the chief executive official shall promote and support a program for the orderly and efficient management of records, including the identification and appropriate administration of records with enduring value for historical or other research.