[HISTORY: Adopted by the Board of Trustees
of the Village of Rhinebeck 11-10-1987 by L.L. No. 2-1987. Amendments noted where applicable.]
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.
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 Board of Trustees of the Village of Rhinebeck
is responsible for ensuring compliance with the regulations herein,
and the Board of Trustees shall appoint a records access officer to
assist said Board in the administration of this chapter.
B.
The records access officer 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 Village Municipal Hall, 76 Market Street, Rhinebeck,
New York 12572.
Requests for public access to records shall
be accepted and records produced during all hours regularly open 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 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 records 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 its 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 § 87-5D of this chapter, 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 § 87-5D.
(5)
The name and return address of the requester.
E.
The body designated to hear appeals shall inform the
requester of its decision in writing within 10 business days of receipt
of an appeal.
F.
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.
G.
The body designated to hear appeals 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 Public Access to Records in the same manner as set forth in Subsection F 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.
