[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 10-1-1979, effective 11-4-1979. Amendments noted where applicable]
GENERAL REFERENCES
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.
An "unwarranted invasion of personal privacy" includes but shall not
be limited to:
Disclosure of employment, medical or credit histories or personal references
of applicants for employment.
Disclosure of items involving the medical or personal records of a client
or patient in a medical facility.
Sale or release of lists of names and addresses if such lists would
be used for commercial or fund-raising purposes.
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.
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.
Disclosure shall not be construed to constitute an "unwarranted invasion
of personal privacy" when:
Identifying details are deleted;
The person to whom a record pertains consents in writing to disclosure;
or
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.
A.
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.
B.
Records which were previously available through persons
other than the Records Access Officer shall continue to be so available.
C.
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:
(1)
Are specifically exempted from disclosure by state or
federal statute.
(2)
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.
(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 which, if disclosed,
would:
(a)
Interfere with law enforcement investigations or judicial
proceedings.
(b)
Deprive a person of a right to 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 or procedures.
(6)
If disclosed, would endanger the life or safety of any
person.
(8)
Are examination questions or answers which are requested
prior to the final administration of such questions.
A.
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.
B.
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.
C.
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.
D.
With respect to records which can be located, the Records
Access Officer will:
(1)
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
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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.
A.
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.
B.
Upon request, the Records Access Officer shall certify
that a copy of a record is a true copy thereof.
A.
Fees for copying records shall be paid by cash, or by
check or money order payable to the Incorporated Village of Sea Cliff.
B.
The fee for photocopying records shall be $0.25 per page
for photocopies not exceeding nine inches by 14 inches.
C.
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[1] 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:
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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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( )
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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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( )
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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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Other (specify)
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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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Name of requester
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5.
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Address of requester
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I HEREBY APPEAL:
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Signature
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Date
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