The purpose of these rules is to set forth the methods and procedures
governing the availability, location and nature of those records of the Village
of Chester which are subject to the provisions of Article 6 of the Public
Officers Law, known as the "Freedom of Information Law."
As used in this chapter, the following terms shall have the meanings
indicated:
AGENCY
Any department, office, board, bureau, commission, council, division,
unit or entity of the Village of Chester government having custody of public
records, including the Board of Trustees of the Village.
RECORD or RECORDS
Any file, memorandum, document or other writing constituting:
A.
Final opinions and orders made in the adjudication of cases.
B.
Statements of policy and interpretations which have been adopted by
the agency and any statistical or factual tabulations which led to the formulation
thereof.
C.
Minutes of meetings of the Board of Trustees and of any agency, and
minutes of public hearings held by the Board of Trustees or any agency.
D.
Internal or external audits and statistical or factual tabulations made
by or for the agency.
E.
Administrative staff manuals and instructions to staff that affect members
of the public.
F.
Police blotters and booking records.
H.
Final determinations and dissenting opinions of members of the Board
of Trustees.
I.
Any other files, records, papers or documents required by any provision
of law to be made available for public inspection.
RECORDS ACCESS OFFICER
The person to be designated by each agency as the person having supervision
of the inspection and copying of the agency's records.
STATISTICAL TABULATION
A collection or orderly presentation of numerical data arranged logically
in columns and rows or graphically, and the term "factual tabulation" means
a collection of statements of objective information logically arranged and
reflecting objective reality, actual existence or an actual occurrence. Opinions,
policy options and recommendations do not constitute statistical or factual
tabulations.
The Board of Trustees shall designate one or more officers or employees
of the Village of Chester who shall, in addition to their regular duties,
act as records access officers for the agencies of the Village and have supervision
of the inspection and copying of agencies' records.
If the records access officer determines that a request to inspect or
copy records pertains to information required to be disclosed under Subdivision
1 of § 88 of the Public Officers Law and not exempt from disclosure
as an unwarranted invasion of personal privacy or otherwise, he shall grant
the request. The records access officer may, in his discretion, for good cause,
grant a request to inspect or copy records or other information which is not
required to be made available pursuant to § 88 of the Public Officers
Law and not exempt from disclosure as an unwarranted invasion of personal
privacy or otherwise. If the records access officer determines that a request
to inspect or copy records pertains to information specifically exempted from
disclosure by Subdivision 7 of § 88 of the Public Officers Law or
pursuant to Subdivision 3 of § 88 of such law, he shall deny such
request. In denying any request to inspect or copy records, the records access
officer shall indicate his reason for such denial and shall advise the person
requesting the same of his right to appeal such denial to the head of the
agency.
Any person whose request to inspect, copy or have a copy made of records has been denied pursuant to §
21-6 hereof may appeal such denial to the head of the agency within 10 days from the date of the denial. Such appeal must be in writing and must set forth the name and address of the appellant, the specific records requested, the date of the denial and the reasons given for such denial. The head of the agency, upon review of the appeal, may affirm, modify or reverse the denial within 10 days of the receipt of the appeal. If the head of the agency affirms or modifies the denial, he shall communicate his reasons for such affirmation or modification to the person making the appeal and inform such person of his right to appeal such affirmation or modification pursuant to Article 78 of the Civil Practice Law and Rules.
The records access officer shall maintain and make available for inspection
and copying at his office a current list, reasonably detailed by subject matter,
of the types of records produced, filed or first kept in the agency on and
after the first day of September 1974. Such list shall be in conformity with
such regulations as may be promulgated by the Committee on Public Access to
Records.