City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[Adopted 3-14-1978 by Res. No. 55]
A. 
Personnel of the City shall furnish to the public the information and records required by law, subject to the conditions contained in §§ 86, 87 and 89 of Article 6 of the Public Officers Law or other provisions of law.
B. 
All records shall be available for inspection and copying, except such records as follows:
(1) 
Are specifically exempted from disclosure by state or federal statute.
(2) 
If disclosed would constitute and unwarranted invasion of personal privacy under the provisions of Subsection C(1)(a) through (e) of this section.
(3) 
If disclosed would impair present or imminent contract awards or collective bargaining negotiations.
(4) 
Are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.
(5) 
Are compiled for law enforcement purposes and which, if disclosed, would:
(a) 
Interfere with law enforcement investigations or judicial proceedings.
(b) 
Deprive a person of a right to a fair trial or impartial adjudication.
(c) 
Identify a confidential source or disclose confidential information relating to a criminal investigation.
(d) 
Reveal criminal investigative techniques or procedures, except routine techniques and procedures.
(6) 
If disclosed would endanger the life or safety of any person.
(7) 
Are interagency or intraagency materials which are not:
(a) 
Statistical or factual tabulations or data.
(b) 
Instructions to staff that affect the public.
(c) 
Final agency policy or determinations.
(8) 
Are examination questions or answers which are requested prior to the final administration of such questions.
C. 
Invasion of personal privacy.
(1) 
An unwarranted invasion of personal privacy includes but shall not be limited to:
(a) 
Disclosure of employment, medical or credit histories or personal references of applicants for employment.
(b) 
Disclosure of items involving the medical or personal records of a client or patient in a medical facility.
(c) 
Sale or release of lists of names and addresses if such lists would be used for commercial or fundraising purposes.
(d) 
Disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it.
(e) 
Disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency.
(2) 
Disclosure of any of the foregoing shall not be construed to constitute an unwarranted invasion of personal privacy where the person to whom a record pertains consents in writing to disclosure or where the records requested relate to and concern only the person requesting such records and such person presents proof of his identity.
A. 
The City Manager shall be responsible for assuring compliance with this article and shall designate one or more persons, by name or by specific job title and official address, as records access officers.
B. 
The records access officers shall be responsible for assuring appropriate response to public requests for access to records. The records access officers shall assure that appropriate personnel are adequately instructed in and properly perform the functions described in §§ 259-8 and 259-9 of this article, and shall supervise the administration of this article.
A. 
The City Manager shall designate some person who is charged with certifying the payroll as the fiscal officer for the purposes of the Freedom of Information Law.[1]
[1]
Editor's Note: See Article 6 of the Public Officers Law.
B. 
Such fiscal officer shall:
(1) 
Respond in accordance with § 259-8B to requests for an itemized record setting forth the name, public office, address, title and salary of every officer or employee of the City; and
(2) 
Make the payroll items listed above available to any person, including bona fide members of the news media as provided in § 87 of the Freedom of Information Law.
Records shall be available for public inspection and copying at the location where they are kept.
Requests for public access to records shall be accepted and records produced during all hours that City offices are regularly open for business, except that all records must be returned to their proper custodian at least five minutes before closing time.
A. 
Where a request for records is required, such request may be oral or in writing as specified by the records access officer. Appropriate forms shall be provided where a written request is required.
B. 
Except under extraordinary circumstances, officials shall respond to a request for records no more than five business days after receipt of the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made.
C. 
A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records.
D. 
A current list, by subject matter, of all records available under the Freedom of Information Law shall be available for public inspection and copying at the office of the City Clerk. The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.
E. 
Appropriate personnel of the City shall assist the requester in identifying requested records.
F. 
Upon locating the requested records, the appropriate personnel of the City shall, as promptly as possible, and within the time limits set in subsection B above either make the records available for inspection or deny access in whole or part, and explain in writing the reasons therefor.
G. 
Upon failure to locate records, the appropriate official shall certify that the City is not the legal custodian of the requested records or that the requested records, after diligent search, cannot be found.
A. 
A person who has requested access to the public records of this City shall be given full opportunity to see and inspect such records, unless access is denied as provided in § 259-10 herein.
B. 
The requester may also make a copy of the records he inspects, but no record may be removed from the office where it is located without the written permission of the person in charge of the office at that time.
C. 
Upon request and payment of the established fee, the appropriate officer or employee shall prepare and deliver a transcript of such records.
D. 
Upon request, an appropriate official of the City shall certify as correct a transcript prepared by the custodian of the records.
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 individual or body established to hear appeals.
B. 
The person denied access may appeal within 30 days from the date of the denial.
C. 
The City Manager shall designate a person or persons to hear appeals from denial of access to records.
D. 
The time for deciding an appeal by the individual to hear appeals shall commence upon receipt of written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the requests for records.
(3) 
The records to which the requester was denied access.
(4) 
A copy of the written denial, if any.
(5) 
The name and return address of the requester.
E. 
The individual designated to hear appeals shall inform the requester of his decision in writing within seven business days of receipt of an appeal.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this part.
B. 
The fee for a photocopy transcript of records shall be as set forth in Chapter 133, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
C. 
The fee for a transcript that is typed, handwritten or otherwise prepared by hand shall cover the clerical time involved in making the transcript, including comparison for accuracy.
A notice containing the job title or name and business address of the records access officers and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons; and the location where records can be seen or copied shall be posted in the office of the City Clerk.