[HISTORY: Adopted by the Board of Trustees of the Village
of Red Hook as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-20-1999 by L.L. No. 1-1999]
The purpose of this article is to set forth the methods and
procedures governing the availability, location and nature of those
records of the Village of Red Hook subject to the provisions of Article
6 of the Public Officers Law, known as the "Freedom of Information
Law."
A.
The Board of Trustees is responsible for ensuring compliance with
the regulations herein and designates the following person as Records
Access Officer: the Village Clerk, Village of Red Hook, New York.
B.
The Records Access Officer is responsible for ensuring appropriate
agency response to public requests for access to records pursuant
to the provisions of the Freedom of Information Law. The designation
of the 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 Village offices, Village of Red Hook, New York.
Requests for public access to records shall be accepted and
records shall be produced during the hours that the Village Clerk's
office is regularly opened for business.
A.
A written request may be required, but oral requests may be accepted
when records are readily available.
B.
A response shall be given within five business days of the receipt
of any request reasonably describing the record or records sought.
C.
A request shall reasonably describe the record or records south.
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 records sought within five business days of receipt of a request,
he or she shall furnish a written acknowledgment of the receipt of
the request and a statement of the approximate date when the request
will be granted or denied.
E.
If the request is granted, the Records Access Officer shall provide
a copy of such record to the person requesting the same upon payment
of the fee prescribed therefor and shall certify to the correctness
of such copy if requested to do so. Alternatively, the Records Access
Officer shall certify that he or she does not have possession of such
record or that such record cannot be located after a diligent search.
The fee for copies of records shall be $0.25 per page not exceeding
nine inches by 14 inches in size or the maximum fee permitted under
the Freedom of Information Law as it may from time be amended. The
fees for other types of copies or transcripts and for certificates
shall be the reasonable amounts as the Records Access Officer shall
establish. The fees charged by the Records Access Officer for records
shall not exceed the actual cost of reproducing such record, except
when a different fee is otherwise prescribed by law.
The Records Access Officer shall, in accordance with this article,
make available for public inspection and copying all records, except
that the Records Access Officer may deny access to records or portions
thereof which are not subject to disclosure in accordance with the
provisions of Subdivision 2 of § 87 of the Public Officers
Law or any other applicable state or federal statute or unless the
public access officer determines that to grant the application would
adversely affect the public interest.
A.
Denial of access to records shall be in writing.
B.
Within 30 days after the written denial of access, any person denied
access to a record may appeal, in writing, such denial to the Mayor,
who shall hear such appeals under the Freedom of Information Law.
C.
Within 10 business days of the receipt of such appeal, the Mayor
shall explain, in writing, to the person requesting the record the
reasons for further denial or provide access to the record sought.
[Adopted 4-11-2022 by Res. No. 8-2022[1]]
[1]
Editor's Note: This resolution superseded former Art. II,
Retention and Disposition, adopted 1-20-1999 by L.L. No. 1-1999.
A.
The Retention and Disposition Schedule for New York Local Government
Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural
Affairs Law, and containing legal minimum retention periods for local
government records, is hereby adopted for use by all officers in legally
disposing of valueless records listed therein.
B.
In accordance with Article 57-A:
(1)
Only those records will be disposed of that are described in Retention
and Disposition Schedule for New York Local Government Records (LGS-1)
after they have met the minimum retention periods described therein.
(2)
Only those records will be disposed of that do not have sufficient
administrative, fiscal, legal, or historical value to merit retention
beyond established legal minimum periods.
