[HISTORY: Adopted by the Board of Trustees
of the Village of Williston Park at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Public Records Law of the Village of Williston Park, New York."
A.
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
can be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B.
This chapter provides information concerning the procedures
by which records may be obtained from an agency defined by Subdivision
3 of § 86 of the Public Officers Law. No agency regulations
shall be more restrictive than this chapter.
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 Village Board of the Village of Williston Park,
hereinafter referred to as the "Village Board," shall be responsible
for ensuring compliance with the regulations herein and designates
the Village Clerk as the principal records access officer who shall
have the duty of coordinating the village response to public requests
for access to records.
The Village Board hereby designates the office
of the Village Clerk, located in the Village Hall, 494 Willis Avenue,
Williston Park, New York, as the location where public records shall
be available for public inspection and copying.
The Village Clerk shall accept requests for
public access to records and produce records during all hours during
which the Clerk's office is regularly open for business.
A.
The Village Clerk may require that a request be made
in writing or may make records available upon oral request.
B.
The Village Clerk shall respond to any request reasonably
describing the record or records sought within five business days
of receipt of the request.
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 Village Clerk does not provide or deny access
to the records sought within five business days of receipt of a request,
the Village Clerk 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 Village Clerk 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 Subdivision 3 of
§ 87 of the Public Officers Law.
B.
The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.
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. The records access officer shall not
be the appeals officer.
C.
If the village fails to respond to a request within five business days of receipt of a request as required in § 46-6 of this chapter, such failure shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal within
30 days of a denial.
E.
The time for deciding an appeal by the Village Board
or the person or body designated to hear appeals shall commence upon
receipt of written appeal identifying:
F.
The Village Board shall transmit to the Committee
on Open Government copies of all appeals upon receipt of an appeal.
Such copies shall be addressed to:
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Committee on Open Government
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Department of State
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162 Washington Avenue
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Albany, New York 12231
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G.
The Village Board or the person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection F of this section.
