[HISTORY: Adopted by the Board of Trustees of the Village of Springville:
Art. I, 11-19-1979 as Ch. 33 of the 1979 Code, amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
[Adopted 11-19-1979 as Ch. 33 of the 1979 Code;
amended in its entirety at time of adoption of Code[1] ]
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 Village of Springville is responsible for ensuring
compliance with the regulations herein, and designates the following person
as records access officer: Village Clerk, 5 West Main Street, Springville,
New York 14141.
B.
The records access officer is 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.
Records shall be available for public inspection and copying at the
Village Office, 5 West Main Street, Springville, New York 14141.
Requests for public access to records shall be accepted and records
produced during all hours regularly open for business, which are Monday though
Friday, 9:00 a.m. to 5:00 p.m.
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 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 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
body established to hear appeals.
B.
If requested records are not provided promptly, as required in § 130-5D, such failure shall also be deemed a denial of access.
D.
The time for deciding an appeal by the person 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 § 130-5D.
(5)
The name and return address of the requester.
E.
The person designated to hear appeals shall inform the
requester of his decision, in writing, within 10 business days of receipt
of an appeal.
F.
The person designated to hear appeals shall immediately
forward to the Committee on Open Government copies of all appeals upon receipt
and the ensuing determination thereon.
B.
Copies of records shall be provided at the cost of $0.25
per page for photocopies not exceeding nine by fourteen (9 x 14) inches. The
fee for copies of records other than photocopies which are nine by fourteen
(9 x 14) inches or less in size shall be the actual copying costs excluding
fixed agency costs such as salaries.
A notice containing the title or name and business address of the records
access officers 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.
