§ 29-7. Denial of access to records; appeal.

A. 

The Village Board of the Village of Chittenango shall hear appeals or shall designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.

B. 

Denial of access shall be in writing, stating the reason therefor and advising the person denied access of his or her right to appeal to the person or body established to hear appeals, and that person or body shall be identified by name, title, business address and business telephone number.

C. 

If an agency fails to respond to a request within five business days of receipt of a request as required in § 29-5D, such failure shall be deemed a denial of access by the agency.

D. 

Any person denied access to records may appeal in writing within 30 days of a denial. Such appeal shall be made to the Village Board of Trustees by way of the Village Clerk.

E. 

The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:

(1) 

The date and location of a request for records.

(2) 

The records that were denied.

(3) 

The name and return address of the appellant.

F. 

The agency shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:

	Committee on Public Access to Records
	Department of State
	162 Washington Avenue
	Albany, New York 12231

G. 

The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination in writing within seven 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.

H. 

A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review as provided for in Article 78 of the Civil Practice Law and Rules.