Village of Florida, NY Chapter 21 Records, Public Access to

[HISTORY: Adopted by the Board of Trustees of the Village of Florida 2-10-1987 by L.L. No. 2-1987. Amendments noted where applicable.]

§ 21-1 Purpose.

The purpose of these regulations is to set forth the methods and procedures governing the availability, location and nature of those records of the Village of Florida subject to the provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law."

§ 21-2 Information to be open to public.

For the purposes of these regulations, any information kept, held, filed, produced or reproduced by, with or for the Village of Florida, in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes, shall be subject to disclosure in accordance with the provisions herein.

§ 21-3 Designation of records access officer; procedure for obtaining records.

A. The Village Clerk of the Village of Florida shall be the custodian of the Village records and, as such, is hereby declared to be the records access officer.

B. Procedure for obtaining records.

(1) Any person wishing to inspect and/or obtain a copy of any such record may make application to the records access officer. Such application shall be in writing on a form to be prescribed by the records access officer. Blank forms may be obtained from the records access officer either personally or by mail addressed to the Village Offices. Completed forms may be submitted to the records access officer either personally at such office between the hours of 9:00 a.m. and 4:00 p.m. or by mail addressed to such office or to such other office as the records access officer may specify on the application form.

(2) Upon receipt of such application, in the proper form and at the appropriate time, the records access officer shall search for the record requested. The records access officer shall, within five business days of the receipt of a written request for a record reasonably described, make such record available to the person requesting it, deny such request in writing or furnish a written acknowledgment of the receipt of such request and a statement of the approximate date when such request will be granted or denied.

(3) Upon payment of or offer to pay the fee prescribed therefor, the records access officer shall provide a copy of such record and certify to the correctness of such copy or shall certify that he does not have possession of such record or that such record cannot be found after a diligent search. The records access officer may, in his discretion, waive compliance with any formality prescribed by this section, including the use of application forms prescribed by the records access officer.

(4) Nothing in this chapter shall be construed to require the Village of Florida to prepare any records not possessed or maintained by the Village of Florida, except the records specified in § 21-4.

§ 21-4 Officer to maintain current list of records; voting and salary records.

A. On behalf of the Village of Florida, the records access officer shall maintain and make available for inspection and copying at the Village Offices a reasonably detailed current list by subject matter of the types of records produced, filed or first kept in the Village of Florida on and after the effective date herein. Such list shall be in conformity with such regulations as may be promulgated by the Committee on Open Government. Any person desiring a copy of such list may request a copy thereof personally or by mail and one shall be supplied to him.

B. Every board, office, council or commission heretofore or hereafter established by the Village Board shall maintain and make available for public inspection a record of the final votes of each member in every proceeding in which he votes.

C. The Village Clerk shall maintain a record setting forth the name, public office address, title and salary of every officer or employee of the Village of Florida. This record shall be made available for public inspection and copying by the records access officer.

§ 21-5 Fees.

The fee for photocopies of records shall be $0.25 per page not exceeding nine inches by 14 inches in size. The fees for other types of copies or transcripts and for certificates shall be such reasonable amounts as the records access officer shall establish. The fees charged by the records access officer for records shall not exceed the actual cost of reproducing such record, except when a different fee is otherwise prescribed by law.

§ 21-6 Prevention of invasions of privacy.

A. In accordance with the provisions of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Open Government regarding the prevention of unwarranted invasions of personal privacy, the records access officer may delete from any record identifying details the disclosure of which would result in an unwarranted invasion of personal privacy prior to making such record available for inspection and/or copying. An "unwarranted invasion of personal privacy" includes but shall not be limited to the following:

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

(2) Disclosure of employment, medical or credit histories or personal references of applicants for employment, except that such records may be disclosed when the applicant has provided a written release permitting such disclosure.

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

(4) The sale or release of lists of names and addresses in the possession of any agency or municipality if such lists would be used for commercial or fund-raising purposes.

(5) Disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the agency or municipality.

B. In the event that the record is such that personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in § 21-7 of this chapter.

C. Unless otherwise provided in this chapter, disclosure shall not be construed to constitute an unwarranted invasion of personal privacy:

(1) When identifying details are deleted.

(2) When the person to whom a record pertains consents in writing to disclosure.

(3) When, upon presenting reasonable proof of identity, a person seeks access to records pertaining to him.

§ 21-7 Grant or denial of access to records.

A. The records access officer shall make available for public inspection and copying all records, except that the records access officer may deny access to records or portions thereof that:

(1) Are specifically exempted from disclosure by state or federal statute.

(2) If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of § 21-6.

(3) If disclosed, would impair present or imminent contract awards or collective-bargaining negotiations.

(4) Are trade secrets or are maintained for the regulation of commercial enterprises which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.

(5) Are compiled for law enforcement purposes and which, if disclosed, would:

(a) Interfere with law enforcement investigations or judicial proceedings.

(b) Deprive a person of a right to a fair trial or impartial adjudication.

(c) Identify a confidential source or disclose confidential information relating to a criminal investigation.

(d) Reveal criminal investigative techniques or procedures, except routine techniques or procedures.

(6) If disclosed, would endanger the life or safety of any person.

(7) Are interagency or intra-agency materials which are not:

(a) Statistical or factual tabulations or data.

(b) Instructions to staff that affect the public.

(c) Final agency policy or determinations.

(8) Are examination questions or answers which are requested prior to the final administration of such questions.

B. If the records access officer determines that an application to inspect and/or copy records pertains to information not exempt from disclosure under Subsection A hereof, he shall grant the application unless he determines that to do so would adversely affect the public interest. If the records access officer determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure in accordance with Subsection A hereof, he shall deny such application. In denying any application to inspect and/or copy records, the records access officer shall indicate his reason for such denial and shall advise the applicant of his right to appeal such denial to the Village Board.

§ 21-8 Appeals.

Any person whose application to inspect and/or copy records has been denied pursuant to § 21-7 of this chapter may appeal such denial to the Village Board. Such appeal must be in writing and must set forth the name and address of the applicant, the specific records requested, the date of the denial and the reasons given for such denial. Within 30 days of such denial, the Village Board shall, upon receipt of a written appeal, immediately review the matter and affirm, modify or reverse the denial. If the Village Board affirms or modifies the denial, it shall, within 10 days of receipt of the appeal:

A. Communicate its reasons for such affirmation or modification to the person making the appeal.

B. Inform such person of his right to appeal such affirmation or modification under Article 78 of the Civil Practice Law and Rules.

C. Forward to the Committee on Open Government a copy of such appeal and the determination thereon.