(A) The Village Clerk, or his or her designee, shall prepare and maintain the public record concerning the petition. Such record shall include the following documents:
(1) The original petition and any amendments filed with the Village Clerk;
(2) All written comment filed with the Village Clerk within the time frame specified by § 15-9-06(A) and (D);
(3) Notices of participation filed with the Village Clerk pursuant § 15-9-04(C);
(4) All exhibits entered into evidence at the time of the public hearing;
(5) All transcripts of testimony during the public hearing;
(6) Any motions filed during the course of the public hearing;
(7) Any evidence filed pursuant to § 15-9-05(F);
(8) Copies of all published or displayed notices, and certified or personally served notices of the public hearings that were prepared by the Village Clerk or prepared by others and filed with the Village Clerk;
(9) All reports submitted to the Village Clerk pursuant to § 15-9-03(C)(2), redacted as necessary to prevent disclosure of confidential or privileged information;
(10) All transcripts, when available, of meetings, other than the public hearings held pursuant to this article, at which a Village Board member was in attendance.
(a) Although Village Board members are not encouraged to attend meetings at which the member knows the petition may be discussed, due to the member’s continuing, regular legislative duties during the course of the Village Board’s consideration of a petition, attendance at such meetings is sometimes unavoidable (e.g., attendance at a municipality’s council meeting, attendance at a local chamber of commerce meeting).
(b) As such, the member is required to obtain and file a transcript of any meeting, where such meeting has been transcribed or recorded, or otherwise disclose such meeting in the public records (such as disclosing it on the record during the transcribed public hearings or during the written comment period provided for in this article).
(c) The transcript shall not, however, be utilized by the village in reaching its decision.
(11) The Hearing Officer’s written findings to the Village Board;
(12) The resolution containing the final decision of the Village Board on the petition; and
(13) A log, which the Village Clerk shall require each person seeking to view, copy or file documents with or in the public record to sign, stating the date of the request, the nature of the request (i.e., view, copy, file or other, and identifying the “other”), and the requesting person’s name and address.
(B) The Village Clerk, or his or her designee, shall, during the regular business hours of the Village Clerk’s office, make the public record available to any person requesting to review it.
(C) (1) The Village Clerk, or his or her designee, shall, during the regular business hours of the Village Clerk’s office, accept requests from persons for copies of the public record, in whole or in part, and arrange for copying so requested upon the requesting person’s payment of the actual cost of copying.
(2) The Village Clerk shall respond to copying requests within a reasonable time.
(D) The Village Clerk shall be responsible for certifying all copies of the public record.
(E) Although late-filed public comments are not part of the public record pursuant to this Article, they shall be retained by the Village Clerk with any evidence of its date of filing, such as the Village Clerk’s date stamp copy or the postmark, if the written comment was mailed.
(F) The Village Clerk, or his or her designee, shall make and deliver a copy of all transcripts to the Mayor and each Trustee for their review.
(Ord. 2003-07-43, passed 7-21-2003)