[HISTORY: Adopted by the Board of Trustees of the Village of Ocean
Beach 12-13-80 by resolution. Amendments noted where applicable.]
The records of the Village of Ocean Beach are available to the public
for inspection and the making of copies thereof except as hereinafter provided:
A.
"Record" means any information kept, held, filed, produced
or reproduced by, with or for the Village of Ocean Beach, 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.
B.
Records or portions of records which are not required
to be made available are those which are as follows:
(1)
Specifically exempted from disclosure by state or federal
statute.
(2)
If disclosed would constitute an unwarranted invasion
of personal privacy under the provisions of Subdivision 2 of § 89
of the Public Officers Law.
(3)
If disclosed would impair present or imminent contract
awards or collective bargaining negotiations.
(4)
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)
Compiled for law enforcement purposes and which, if disclosed,
would:
(a)
Interfere with law enforcement investigations or 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.
(8)
Are examination questions or answers which are requested
prior to the final administration of such questions.
The Village Clerk[1] is hereby designated records access officer.
[1]
Editor's Note: The name of Mildred Fischer, which immediately
followed the word "Clerk," was deleted at time of publication.
The Mayor[1] is hereby designated as the person to whom an appeal would be
taken after a denial of access.
[1]
Editor's Note: The name of Thomas J. Schwarz, which immediately
followed the word "Mayor," was deleted at time of publication.
The records shall be available at the Village Office, Ocean Beach, New
York, subject to the following:
A.
Requests for public access to the records shall be made
and records shall be made available during the hours from 10:00 a.m. to 2:00
p.m., prevailing time, at the Village Office.
B.
The request for public access to records shall be made
in writing, and, to the extent possible, the person requesting the records
should supply information regarding dates, file designations or other information
to assist in locating the records.
C.
The request shall be responded to within five business
days of receipt of the request.
D.
Inspection shall proceed in an orderly and chronological
fashion, and no records shall be removed from the custody of the Village of
Ocean Beach, its agents, servants and employees.
E.
A fee shall be charged for copies of records, as follows:
(1)
The fee for copying records shall not exceed twenty-five
cents ($0.25) per page for photocopies not exceeding eight and one-half by
fourteen (8 1/2 x 14) inches.
(2)
In the event that the records may not be photocopied,
a transcript of the requested records shall be made upon request. The person
requesting the records shall be charged for the clerical time involved in
making the transcript.
In the event of denial of access the person requesting the records shall
be advised of such denial in writing, stating the reason therefor and the
right of the person to appeal to the individual designated to hear such appeals.
The Village Clerk shall cause to be posted and/or published the following:
A.
The location where records shall be made available for
inspection and copying.
B.
The name, title and business address and telephone number
of the records access officer.
C.
The right to appeal by any person denied access to a
record and the business address of the person to whom an appeal is to be directed.
