[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 2-27-1978 (Ch. 109 of the 1987 Code). Amendments noted where applicable.]
A.
The people's right to know the process of government decision-making
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.
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 Mayor is responsible for ensuring compliance with the regulations
herein and designates the following person(s) as records access officer(s):
(1)
Village Clerk, 310 Sycamore Street, Liverpool, New York 13088.
B.
Records access officers are responsible for ensuring appropriate
agency response to public requests for access to records. However,
the public shall not be denied access to records through officials
who have in the past been authorized to make records or information
available.
A.
The Village Clerk, 310 Sycamore Street, Liverpool, New York, is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 286-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
B.
The fiscal officer shall make the payroll items listed above available
to any person including bona fide members of the news media as required
under the Freedom of Information Law.
Records shall be available for public inspection and copying
at the Village Hall, 310 Sycamore Street, Liverpool, New York 13088,
or at the location where they are kept.
Requests for public access to records shall be accepted and
records produced during all hours regularly open for business. These
hours are 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m. Monday
through Friday.
A.
Where a requests for records is required, such request may be oral
or in writing. However, written requests shall not be required for
records that have been customarily available without written request.
B.
Time limit for response to requests.
(1)
Except under extraordinary circumstances, officials shall respond
to a request for records no more than five business days after receipt
of the request, whether the request is oral or in writing.
(2)
If, because of extraordinary circumstances, more than five business
days are required to respond to a request, receipt of the request
shall be acknowledged within five business days after the request
is received. The acknowledgment shall state the reason for delay and
estimate the date when a reply will be made.
C.
A request for access to records should be sufficiently detailed to
identify the records. Where possible, the requester should supply
information regarding dates, titles, file designations or other information
which may help identify the records. However, a request for any or
all records falling within a specific category shall conform to the
standard that records be identifiable.
D.
Subject matter list.
(1)
A current list, by subject matter, of all records produced, filed
or first kept or promulgated after September 1, 1974, shall be available
for public inspection and copying. The list shall be sufficiently
detailed to permit the requester to identify the file category of
the records sought.
(2)
The subject matter list shall be updated periodically and the date
of the most recent updating shall appear on the first page. The updating
of the subject matter list shall not be less than semiannual.
E.
No records may be removed by the requester from the office where
the record is located without the permission of the Village Clerk
or the Deputy Village Clerk.
A.
Denial of access to records shall be made, in writing, within 30
days from the date of denial 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 § 286-6B of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear appeals for denial
of access to records under the Freedom of Information Law: Village
Board of Trustees, 310 Sycamore Street, Liverpool, New York 13088,
(315)457-3441.
D.
The time for deciding an appeal by the individual or body designated
to hear appeals shall commence upon receipt of written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the requests for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 109-6B.
(5)
The name and address of the requester.
E.
The individual or body designated to hear appeals shall inform the
requester of its decision in writing within seven business days of
receipt of an appeal.
F.
A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review as provided for in Article 78 of the Civil Practice Law and Rules.
G.
The agency shall transmit to the Committee on Public Access to Records
copies of denials of access that are appealed as well as the determination
thereon.
B.
The fee for photocopies not exceeding 8 1/2 inches by 14 inches
is $0.25 per page, except for copies of accident reports from the
Police Department and for records of the office of Village Justice,
which shall be $5 and $1, respectively, having been established prior
to September 1, 1974, by said Department and court. No records shall
be reproduced until payment is first received.
[Amended 5-26-1987 by L.L. No. 2-1987]
A notice containing the job title or name and business address
of the records access officers and fiscal officer; the name, job title,
business address and telephone number of the appeal person or persons
or 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.
