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Village of Cornwall-On-Hudson, NY
Orange County
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[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 11-28-1983 by L.L. No. 9-1983.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal of former Ch. 30, Records, Public Access to, adopted 12-16-1974 by resolution.
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, as well as records otherwise available by law.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
E. 
These regulations are adopted pursuant to § 87 of the Public Officers Law.
A. 
The Board of Trustees is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer:
Village Clerk
Village Office
Box 337, 3 River Avenue
Cornwall-on-Hudson, New York 12520
Telephone: 534-4200
B. 
Records access officers are responsible for ensuring appropriate agency response to public requests for access to records. The designation of records access officers 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.
C. 
Records access officers shall ensure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records:
(a) 
Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 30-8;
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The Village of Cornwall-on-Hudson is not the custodian for such records; or
(b) 
The records of which the Village of Cornwall-on-Hudson is a custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at:
Village Office, 3 River Avenue
Cornwall-on-Hudson, New York 12520
Requests for public access to records shall be accepted and records produced during all hours regularly open for business.
A. 
A written request is required; oral requests may be accepted in the discretion of the access officer, when records are readily available.
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. Whenever 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 record sought within five business days of receipt of a request, he or 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 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 § 30-5D of these regulations, such failure shall also be deemed a denial of access.
C. 
Any person denied access to a record may within 30 days appeal such denial. Appeals for denial of access to records under the Freedom of Information Law shall be heard by; the Board of Trustees of the Village of Cornwall-on-Hudson.
D. 
Copies of all appeals shall be transmitted to the Committee on Public Access to Records.
E. 
The time for deciding an appeal by the Board of Trustees shall commence upon receipt of a 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 due to failure to provide records promptly as required by § 30-5D.
(5) 
The name and return address of the requester.
F. 
The Board of Trustees shall inform the appellant and the Committee on Public Access to Records of its determination in writing within seven days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records at:
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, New York 12231
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this part.
B. 
Photostatic copies of records [not exceeding nine inches by 14 inches] shall be provided at a cost of $0.25 per page. The fee for copies of records other than photocopies which are nine inches by 14 inches or less in size shall be the actual copying cost excluding fixed agency costs such as salaries. No records shall be reproduced until payment is first received.
A notice containing the title or name and business address of the records access officers and appeals person 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.
This chapter shall supersede and repeal the resolution of the Board of Trustees dated December 16, 1974.[1]
[1]
Editor's Note: Said resolution comprised former Ch. 39, Records, Public Access to.