[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 10-1-1979, effective 11-4-1979. Amendments noted where applicable]
Official Village newspaper — See Ch. 21.
Board of Architectural Review rules — See Ch. A141.
Rules and regulations of the Planning Board — See Ch. A145.
Meetings of the Board of Trustees — See Ch. A148.
Youth Activities Board rules — See Ch. A149.
Zoning Board of Appeals rules — See Ch. A150.
Environmental Conservation Commission rules — See Ch. A151.
For the purposes of this chapter, the terms used herein are defined as follows:
- Any information kept, held, filed, produced or reproduced by, with or for the Incorporated Village of Sea Cliff, in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.
- A. An "unwarranted invasion of personal privacy" includes but shall not be limited to:
- B. Disclosure of employment, medical or credit histories or personal references of applicants for employment.
- C. Disclosure of items involving the medical or personal records of a client or patient in a medical facility.
- D. Sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes.
- E. 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 Incorporated Village of Sea Cliff or any other agency requesting or maintaining it.
- F. Disclosure of information of a personal nature reported in confidence to the Incorporated Village of Sea Cliff or to any other agency and not relevant to the ordinary work of the Incorporated Village of Sea Cliff or such other agency.
- G. Disclosure shall not be construed to constitute an "unwarranted invasion of personal privacy" when:
- H. Identifying details are deleted;
- I. The person to whom a record pertains consents in writing to disclosure; or
- J. A person seeks access to records pertaining to himself or herself.
The following are designated as officers for the purposes of this chapter:
Public records are available for inspection and copying at the Community Center (Village Hall), Sea Cliff and Summit Avenues, Sea Cliff, New York. Records may not be removed from the Village Hall without the permission of the Records Access Officer.
Requests for the production of records shall be accepted between the hours of 9:00 a.m. and 4:30 p.m. on all days when the Village Hall is normally open. Records shall be produced for inspection and copying during such hours. Records which have been produced for inspection and copying shall be returned to the Records Access Officer no later than 1/2 hour before the close of business, to allow sufficient time for the safe storage of such records.
Records which were previously available through persons other than the Records Access Officer shall continue to be so available.
Records shall be accessible to any person, without regard to status or interest. The foregoing notwithstanding, access may be denied to records or portions thereof which:
Are specifically exempted from disclosure by state or federal statute.
If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of § 89, Subdivision 2(b), of the New York State Public Officers Law.
If disclosed, would impair present or imminent contract awards or collective bargaining negotiations.
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.
Are compiled for law enforcement purposes which, if disclosed, would:
Interfere with law enforcement investigations or judicial proceedings.
Deprive a person of a right to fair trial or impartial adjudication.
Identify a confidential source or disclose confidential information relating to a criminal investigation.
Reveal criminal investigative techniques or procedures except routine techniques or procedures.
If disclosed, would endanger the life or safety of any person.
Are examination questions or answers which are requested prior to the final administration of such questions.
Requests to inspect or obtain copies of records shall be made in writing to the Records Access Officer on a form which is available in the office of the Records Access Officer.
Requests shall reasonably describe the record or records sought. Whenever possible, the person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought. The Records Access Officer will assist the requester in identifying the records sought.
A response to a request for production of records reasonably describing the records sought shall be made by the Records Access Officer within five business days of such request. Such response shall indicate whether or not the records sought can be located and, if so, whether access for inspection and copying will be granted or denied.
With respect to records which can be located, the Records Access Officer will:
Review such records and delete any information which would constitute an unwarranted invasion of personal privacy, and then make the record promptly available for inspection or schedule an appointment for inspection; or
If the Records Access Officer does not provide or deny access to the records sought within five business days of receipt of a request, the Records Access Officer 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 a receipt of a request, such inaction may be construed as a denial of access that may be appealed.
Failure to furnish a written acknowledgment of receipt of the request within five business days of such receipt shall be deemed a denial of access that may be appealed.
With respect to records to which access is denied, the Records Access Officer will make such denial in writing, stating the reason therefor, and advising the requester that he may appeal the denial to the Appeals Officer.
The notice of appeal shall be in writing, on a form provided by the Records Access Officer, and shall be delivered to the Appeals Officer within 30 days after the denial from which such appeal is taken. Upon receipt of an appeal, the Appeals Officer shall forward a copy thereof to the Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, New York 12231.
Appeals shall be decided in writing within seven business days of receipt of the appeal form in proper order. Copies of such decision shall be forwarded within the seven-day period to the appellant and the Committee on Public Access to Records at the address set forth above.
A final denial of access to requested records by the Appeals Officer shall be subject to review in a proceeding brought pursuant to Article 78 of the Civil Practice Law and Rules.
The Records Access Officer shall maintain:
A record of the final vote of each member of a board, agency or department of the Village in every proceeding in which such member votes. It shall be sufficient, however, in cases of unanimous agreement, to show only the unanimity of such vote as long as the names of all members participating in the vote are also indicated.
A record setting forth the name, public office address, title and salary of every officer or employee of the Village.
A reasonably detailed current list, by subject matter, of all records in the possession of the Village, whether or not such records are available for public inspection and copying pursuant to these regulations and Article 6 of the Public Officers Law. Such subject matter list shall be sufficiently detailed to permit identification of the category of any record sought. The subject matter list shall be updated not less than twice per year, with the most recent update date appearing on the first page of such subject matter list.
Requests may be made for copies of records to which access is approved. Such requests need not be in writing but must be accompanied by payment of or offer to pay the established fees as set forth below. Upon receipt of such a request, a copy of the record or records shall be made for the requester, or the requester shall be permitted to transcribe the record or records by hand.
Upon request, the Records Access Officer shall certify that a copy of a record is a true copy thereof.
Fees for copying records shall be paid by cash, or by check or money order payable to the Incorporated Village of Sea Cliff.
The fee for photocopying records shall be $0.25 per page for photocopies not exceeding nine inches by 14 inches.
Copies of records exceeding nine inches by 14 inches will be provided. However, the cost of the clerical time involved in copying such records, including a typewritten or handwritten transcript, shall be charged to the requester.
This chapter shall apply to the Board of Trustees of the Incorporated Village of Sea Cliff and to all boards, agencies and departments subordinate to and performing a governmental or proprietary function for the Incorporated Village of Sea Cliff.
Any questions regarding interpretation or amplification of this chapter shall be determined in accordance with the Rules and Regulations of the Committee on Public Access to Records of the State of New York. A copy of such Rules and Regulations shall be available from the Records Access Officer.
Upon adoption of this chapter, the Village Clerk shall cause a notice to be published in the official Village newspaper stating:
The location where records shall be made available for inspection and copying.
The name, title, business address and business telephone number of the Records Access Officer.
The right to appeal by any person denied access to a record and the name and business address of the Appeals Officer.
Forms to be used to request access to records, and to appeal from a denial of such access, shall be in the following form, as prescribed by the Village Clerk: