Chapter 229

Chapter 229

RECORDS, PUBLIC ACCESS TO

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 9-23-1974. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. A312.

~ 229-1. Records access officers designated.

  The Village Clerk of the Village of Fredonia and the Deputy Village Clerk are hereby designated as the records access officers for the Village of Fredonia and its agencies, including the Planning Board of the Village of Fredonia, Zoning Board of Appeals of the Village of Fredonia and other offices or departments of the Village of Fredonia, except the Police Department.

~ 229-2. Records to be made available.

  Records access officers shall make available for inspection and copying, during office hours and upon proper request, the following:

     A. Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases.

     B. Those statements of policy and interpretations which have been adopted by the Village of Fredonia or any of its departments or offices and any documents, memorandums, data or other materials constituting statistical or factual tabulations which led to the formulation thereof.

     C. Minutes of meetings and of public hearings of the Village of Fredonia or any of its agencies and departments.

     D. Internal or external audits and statistical or factual tabulations made by or for the Village of Fredonia or any of its departments, agencies or offices.

     E. Administrative staff manuals and instructions to staff that affect members of the public.

     F. Police blotters and booking records. In this case, the Police Chief shall be the public records access officer or his representative.

     G. Any other files, records, papers or documents required by any other provision of law to be made available for public inspection and copying.

~ 229-3. Records pertaining to officers and employees.

  Upon written notice by a bona fide member of the news media, the Village Treasurer shall make available for inspection an itemized record setting forth the name, address, title and salary of every officer or employee of the Village of Fredonia. Said written notice shall be made upon a form prescribed by the Comptroller of the State of New York, and said request shall be reasonable and specify what records are requested with particularity. Such records shall be inspected under the supervision of the Village Treasurer and in the office of the Village Treasurer during regular working hours and regular working days.

~ 229-4. Location and hours of availability of records; fees for copies.

     A. Records of the village. The telephone number of the records access officer of the Village of Fredonia is 673-1325, and the location is the Village Clerk’s office, Church Street, Village Hall, Fredonia, New York. Office hours are from 9:00 a.m. to 4:30 p.m., Monday through Friday, excepting legal holidays. The records access officer shall charge a fee of twenty-five cents ($0.25) for each copy of public records or documents.

     B. Records of the Police Department. The telephone number of the records access officer of the Police Department is 679-1531, and the location is the Police Department, Temple Street, Village Hall, Fredonia, New York. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, and such other times as the Chief of Police shall authorize. The records access officer shall charge a fee of twenty-five cents ($0.25) for each copy of public records or documents.

~ 229-5. Records not to be disclosed or released.

  No public records or portions thereof shall be disclosed or released which are within the following categories:

     A. Specifically exempted by statute.

     B. An unwarranted invasion of personal privacy such as:

                        (1)        Disclosure of personal matters as may have been reported in confidence and which are not relevant or essential to the ordinary work of the Village of Fredonia.

                        (2)        Disclosure of employment, medical or credit histories or personal references of applicants for employment.

                        (3)        Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.

                        (4)        Names and addresses in the possession of the Village of Fredonia if such lists would be used for private, commercial or fund-raising purposes.

                        (5)        Items of a personal nature when disclosure would result in economic or personal hardship to the subject party and are not relevant or essential to the ordinary work of the Village of Fredonia.

     C. Investigation files compiled for law enforcement purposes.

~ 229-6. Transcripts of records; certification.@BEGIN FNOTEEditor’s Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

  The records access officers shall also, on request for identifiable records, make one (1) or more transcripts of such records and certify to the correctness thereof or, if such record cannot be found, to certify that such record cannot be found. Such transcript shall be at the charge as set by resolution of the Board of Trustees[1] for each page of such transcript.

~ 229-7. Appeals.

  Any denial of information by a records access officer may be appealed to the Board of Trustees of the Village of Fredonia.

[1] Editor’s Note: See Ch. A312, Fees.