This chapter shall be known as the "Rules and Regulations Implementing
the Freedom of Information Law."
In accordance with the regulations promulgated by the Committee on Public
Access to Records on January 10, 1978, as mandated by the Freedom of Information
Law (as adopted by Chapter 933, Sec. 1, Laws of 1977, Public Officers Law,
Article 5, § 84 et seq.), the Board of Trustees of the Village of
Babylon promulgates these rules and regulations implementing the Freedom of
Information Law to ensure the fulfillment of the enacting legislative declaration,
the people's right to know the process of government decisionmaking and to
review the documents and statistics leading to determinations which are basic
to our society, and to further ensure that access to such information should
not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
This chapter provides information concerning the procedures by which
records and information authorized under the Freedom of Information Law may
be obtained from the Village of Babylon. Any conflicts among laws governing
public access to records shall be construed in favor of the widest possible
availability of public records.
The Mayor and the Board of Trustees shall be responsible for ensuring
compliance with the provisions of the Freedom of Information Law and the rules
and regulations promulgated herein. The Village Clerk, Deputy Village Clerk
and Deputy Treasurer, having offices at 153 West Main Street, Babylon, New
York 11702, are hereby designated records access officers. They shall have
the duty of coordinating the response of the Village to public requests for
access to records as provided in the Freedom of Information Law. It shall
be the duty of the records access officers to:
A. Maintain an up-to-date subject matter list.
B. Assist the requester in identifying requested records
if necessary.
C. Upon locating the records, take one of the following
actions.
(1) Make records available for inspection.
(2) Deny access to the records in whole or in part and explain
in writing the reasons therefor.
D. Upon request for copies of records:
(1) Make a copy available upon payment or offer to pay the
fees established, if any; or
(2) Permit the requester to copy those records.
E. Upon request, certify that a record is a true copy.
F. Upon failure to locate records, certify that:
(1) The Village is not the custodian for such records; or
(2) The records of which the Village is a custodian cannot
be found after a diligent search.
Public records shall be available for public inspection and copying
at the Clerk's office, Village Hall, 153 West Main Street, Babylon, New York
11702.
Except when a different fee is provided otherwise by law:
A. There shall be no fee charged for the following:
(3) Any certification pursuant to §
274-4E of this chapter.
B. The Village may charge a fee for copies of records which
shall not exceed $0.25 per photocopy not in excess of nine inches by 14 inches,
or the actual cost of reproducing any other record, except when a different
fee is otherwise prescribed by law.
C. Where a record may not be photocopied, a transcript or
summary of the requested records shall be made upon request. Such transcript
or summary may be either typed or handwritten. In such cases the person requesting
records may be charged for the clerical time involved in making the transcript.
The Village Clerk shall publicize by posting in a conspicuous location
in the Village Hall:
A. The location where records shall be 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 any body, officer, person or board
to whom an appeal is directed.