Village of Bellerose, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 10-23-1978 by resolution. Amendments noted where applicable]
GENERAL REFERENCES
Fees — See Ch. A217.
ATTACHMENTS
218a Exhibit A
The following rules and regulations govern public access to the records of the Incorporated Village of Bellerose.
No member of the public may have direct access to the records of the Incorporated Village of Bellerose in that no person not having public position or specific authority may personally search the files of the Incorporated Village of Bellerose. Such searches may be made by the Village Clerk or his authorized deputy, upon application properly made.
Attached to this resolution, as Exhibit A, is the form which shall be used by any member of the public who desires that the Village Clerk search the files of the Incorporated Village of Bellerose.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
When a member of the public requests the right to view or copy a public record under the Freedom of Information Law, he shall be asked to submit an application, in duplicate, for each record so requested. The application shall be made on the form attached to this resolution.[1]
[1]
Editor's Note: Said form is included at the end of this chapter as Exhibit A.
A separate application must be made for each record requested. The Village Clerk is not permitted to engage in a "fishing expedition" or to permit any other person to engage in a "fishing expedition," insofar as village records are concerned. In that regard, each such application made shall set forth, in as clear language as is possible, the document or record which is sought to be examined.
The party making the application shall be informed that he will be notified in writing as to approval or denial of the application within 10 business days from the date of his application and shall be requested to call at the office of the Village Clerk, after the expiration of those 10 days, to receive a copy of the approval or denial of the application.
No inspection of the records or access to those records shall be permitted until the application shall have been made and processed.
Upon receipt of such application, both copies thereof shall be forwarded to the Village Attorney, or a deputy designated by him, for review, and the Village Clerk shall receive the advice of the Village Attorney or his deputy on the disposition of the application. The Village Clerk shall not be bound by that advice, but shall give it such weight as is proper.
The Village Clerk shall continue to collect the charges imposed by resolution for the copying of documents in the files of the village and for making various certificates requested by the public.
The Village Clerk is not required to engage in extended conversation with members of the public on matters as to which the conversant is not an immediate party. The Village Clerk is under no responsibility to advise members of the public on matters of law or to orally transmit items of information from the records of the village. The Board of Trustees, by its own observation and investigation, is of the opinion that the effective use of his time by the Village Clerk is hampered by those who expect him to be the source of all knowledge as to village affairs and the laws governing those affairs.
Members of the public shall, upon the completion of their official business with the Village Clerk, leave the office of the Village Clerk as soon as is possible.
The Village Clerk is not to be occupied by members of the public on matters which are not directly related to the business at hand for the Village Clerk at that moment.