[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 12-15-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
A.
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
is basic to our society. Access to such information should not be
thwarted by shrouding it with the cloak of secrecy or confidentiality.
B.
These regulations provide information concerning the
procedures by which records may be obtained.
C.
Personnel shall furnish to the public the information
and records required by the Freedom of Information Law (Article 6
of the Public Officers Law), as well as records otherwise available
by law.
D.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
A.
The Board of Trustees is responsible for ensuring
compliance with the regulations herein and designates the following
person as records access officer: Village Clerk, 90 South Ridge Street,
Rye Brook, New York.
B.
The records access officer is responsible for ensuring
appropriate agency response to public requests for access to records.
The designation of the records access officer shall not be construed
to prohibit officials who have in the past been authorized to make
records or information available to the public from continuing to
do so.
Records shall be available for public inspection
and copying at the Village Clerk's office, 90 South Ridge Street,
Rye Brook, New York.
Requests for public access to records shall
be accepted and records produced during all hours that the Clerk's
office is regularly open for business.
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
B.
A response shall be given within five business days
of receipt of any request reasonably describing the record or records
sought.
C.
A request shall reasonably describe the record or
records sought. Whenever possible, a person requesting records should
supply information regarding dates, file designations or other information
that may help to describe the records sought.
D.
If the records access officer does not provide or
deny access to the record sought within five business days of receipt
of a request, he or she shall furnish a written acknowledgment of
receipt of the request and a statement of the approximate date when
the request will be granted or denied. If access to records is neither
granted nor denied within 10 business days after the date of acknowledgment
of receipt of a request, the request may be construed as a denial
of access that may be appealed.
A.
The records access officer shall maintain a reasonably
detailed current list by subject matter of all records in his or her
possession, whether or not records are available pursuant to § 87,
Subdivision 2, of the Public Officers Law.
B.
The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.
C.
The subject matter list shall be updated not less
than twice per year. The most recent update shall appear on the first
page of the subject matter list.
A.
Denial of access to records shall be in writing, stating
the reason therefor and advising the requester of the right to appeal
to the body established to hear appeals.
B.
If requested records are not provided promptly, as required in § A259-5D of this chapter, such failure shall also be deemed a denial of access.
C.
The Mayor shall hear appeals for denial of access
to records under the Freedom of Information Law.
D.
The time for deciding an appeal by the person designated
to hear appeals shall commence upon receipt of a written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the request for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or due to failure to provide records promptly as required by § A259-5D.
(5)
The name and return address of the requester.
E.
The person designated to hear appeals shall inform
the requester of his decision, in writing, within 10 business days
of receipt of an appeal.
F.
The person designated to hear appeals shall immediately
forward to the Committee on Open Government copies of all appeals
upon receipt and the ensuing determination thereon.
The following fees shall be charged:
A.
Inspection of records: no fee.
B.
Search for records: no fee.
C.
Any certification pursuant to this chapter: $3.
D.
Photocopies not exceeding nine by fourteen (9 x 14)
inches: $0.25 per page.
E.
Fees for copies of records other than photocopies
which are nine by fourteen (9 x 14) inches or less in size shall be
the actual copying cost, excluding fixed agency costs such as salaries,
except when a different fee is otherwise prescribed by statute.
A notice containing the title or name and business
address of the records access officer and appeals body and the location
where records can be seen or copied shall be in a conspicuous location
wherever records are kept.