For the purposes of this chapter, the terms used herein are defined
as follows:
RECORD
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.
UNWARRANTED INVASION OF PERSONAL PRIVACY
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:
A. Records Access Officer:
(2) Business address:
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Community Center
(Village Hall)
Sea Cliff and Summit Avenues
Sea Cliff, New York 11579
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(3) Business telephone number: 516/671-0080.
B. Appeals Officer:
(1) Title: Mayor, Village of Sea Cliff.
(2) Business address:
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Community Center
(Village Hall)
Sea Cliff and Summit Avenues
Sea Cliff, New York 11579
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(3) Business telephone number: 516/671-0080.
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.
The Records Access Officer shall maintain:
A. 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.
B. A record setting forth the name, public office address,
title and salary of every officer or employee of the Village.
C. 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.
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:
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 Records Access Officer.
C. 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:
FORM
REQUEST FOR ACCESS TO RECORDS
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TO:
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RECORDS ACCESS OFFICER
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Incorporated Village of Sea Cliff
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Community Center
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Sea Cliff and Summit Avenues
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Sea Cliff, NY 11579
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I HEREBY APPLY TO INSPECT THE FOLLOWING RECORD:
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Signature
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Date
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Representing
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___________________________
Mailing Address
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FOR VILLAGE USE ONLY
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APPROVED ( )
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VILLAGE IS NOT THE CUSTODIAN FOR SUCH RECORD ( )
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VILLAGE IS THE CUSTODIAN FOR SUCH RECORD, BUT RECORD CANNOT BE FOUND
( )
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DENIED ( ) (for the reason(s) checked below)
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( )
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The record is specifically exempted from disclosure by state or federal
statute.
The record, 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.
The record, if disclosed, would impair present or imminent contract
awards or collective bargaining negotiations.
The record is a trade secret and is maintained for the regulation of
commercial enterprise which, if disclosed, would cause substantial injury
to the competitive position of the subject enterprise.
The record is compiled for law enforcement purposes which, if disclosed,
would:
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( )
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( )
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( )
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( )
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( )
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Interfere with law enforcement investigations or judicial proceedings.
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( )
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Deprive a person of a right to fair trial or impartial adjudication.
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Identify a confidential source or disclose confidential information
relating to a criminal investigation.
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( )
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Reveal criminal investigative techniques or procedures except routine
techniques or procedures.
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( )
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The record if disclosed would endanger the life or safety of some person.
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( )
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The record is interagency or intraagency material which is not:
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Statistical or factual tabulations or data.
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Instructions to staff that affect the public.
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Final agency policy or determinations.
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The record is an examination question or answer which is requested prior
to the final administration of such questions.
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( )
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Signature
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________________ _________
Title Date
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FORM
APPEAL FROM DENIAL OF ACCESS
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NOTICE:
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YOU HAVE A RIGHT TO APPEAL THE DENIAL OF YOUR REQUEST FOR ACCESS TO
RECORDS WITHIN THIRTY DAYS OF ITS DENIAL TO THE APPEALS OFFICER WHO IS IDENTIFIED
AS FOLLOWS:
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Name:
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Title:
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Mayor, Incorporated Village of Sea Cliff
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Business Address:
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Community Center
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Sea Cliff and Summit Avenues
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Sea Cliff, New York 11579
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Business Telephone Number: 516/671-0080
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THE APPEALS OFFICER SHALL RENDER A DECISION IN WRITING WITHIN SEVEN
BUSINESS DAYS OF RECEIPT OF THIS APPEAL FORM, PROPERLY COMPLETED WITH THE
FOLLOWING INFORMATION:
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1.
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Date of request for records
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2.
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Location of records requested
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3.
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Identification of records to which access was denied
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4.
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5.
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I HEREBY APPEAL:
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Signature
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Date
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