[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck 4-4-1978 by resolution (Ch. 32 of the 1976 Code).
Amendments noted where applicable.]
A.
The people's right to know the process of government
decision-making 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 from the Village as required by
Article 6 of the Public Officers 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 Village Clerk, whose office is at 61 Baker Hill Road,
Great Neck, New York 11023, is hereby designated as records access officer
for the Village of Great Neck. In said capacity, the Village Clerk shall have
the duty and responsibility of coordinating the Village's response to public
requests for access to records. In the absence of the Village Clerk, the Deputy
Clerk, whose office address is the same as that of the Village Clerk, shall
perform the duties of records access officer. This designation shall not be
construed to prohibit Village officials who have in the past been authorized
to make records available to the public from continuing to do so.
All Village records shall be available for public inspection and copying
at the Village Hall, 61 Baker Hill Road, Great Neck, New York 11023.
[Added 1-16-2007 by L.L. No. 4-2007]
Requests for public access to records shall be accepted and such records
shall be produced between 10:00 a.m. and 4:00 p.m. on Mondays through Fridays,
except when the Village Hall is closed for business.
A.
All requests shall be made in writing upon forms supplied
by the Village.
B.
The Village 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 does not provide or deny access to the
record sought within five business days of receipt of a request, the agency
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 shall maintain a reasonably detailed current
list by subject matter of all records in its possession, whether or not records
are available pursuant to Subdivision 2 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.
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.
The Deputy Mayor shall hear appeals or shall designate
a person or body to hear appeals regarding denial of access to records under
the Freedom of Information Law.
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.
C.
If the Village fails to respond to a request within five
business days of receipt of a request, 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.
F.
The Village shall transmit to the Committee on Public
Access to Records copies of all appeals upon receipt of an appeal. Such copies
shall be addressed to: Committee on Public Access to Records, Department of
State, 162 Washington Avenue, Albany, New York 12231.
G.
The Deputy Mayor shall inform the appellant and the Committee on Public Access to Records of its determination, in writing, within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003
by L.L. No. 17-2003]
Except when a different fee is otherwise prescribed by law:
A.
The fees charged for inspection of records, search for
records and any certification pursuant to this chapter shall be in the amounts
prescribed from time to time by resolution of the Board of Trustees.
B.
The fee for copying records shall be in the amount prescribed
from time to time by resolution of the Board of Trustees.
The Village shall publicize by posting in a conspicuous location and
by publication in the official Village newspaper:
A.
The location where records shall be made available for
inspection and copying.
B.
The name, title, business address and business telephone
number of the designated records access officer.
C.
The right to appeal by any person denied access to a
record and the name and business address of the person or body to whom an
appeal is to be directed.