[HISTORY: Adopted by the Board of Trustees of the Village of Brightwaters 6-5-1978 by resolution. Sections 94-2B(4)(a) and 94-7F and G amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The Village Board hereby amends the existing rules heretofore adopted by this Board in accordance with Chapter 578 of the Laws of 1974 so as to conform to the provisions of said law, as amended by Chapter 933 of the Laws of 1977,[1] and promulgates this set of rules.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
A. 
The Village Clerk is hereby designated as the records access officer of the Village of Brightwaters for the purpose of coordinating Village response to public requests to access to records. The records access officer is hereby directed to make available to persons requesting records those public records which, by law, are required to be made available for public inspection and copying.
B. 
The records access officer shall be responsible for:
(1) 
Maintaining an up-to-date subject matter list.
(2) 
Assisting a requester or identifying requested records, if necessary.
(3) 
Upon locating the requested records, taking one of the following actions:
(a) 
Making records available for inspection; or
(b) 
Denying access to the records, in whole or in part, and explaining, in writing, the reasons therefor.
(4) 
Upon request for copies of records:
(a) 
Making a copy available upon payment or offer to pay a fee as set by resolution of the Board of Trustees from time to time per page for photocopies not exceeding nine by 14 inches.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. The current fee schedule is available from the Village Clerk at the Village offices during regular office hours.
(b) 
Permitting the requester to copy those records.
(5) 
Upon request, certifying that a record is a true copy.
(6) 
Upon failure to locate records, certifying that:
(a) 
The Village is not the custodian of such records; or
(b) 
The records of which the Village is a custodian cannot be found after diligent search.
All public records shall be available for public inspection and copying at the office of the Village Clerk at 40 Seneca Drive, Brightwaters, New York 11718.
All requests for public access to records and for the production of records shall be permitted during all regular business hours when the Village Clerk's office is regularly open for business.
A. 
Requests for public access to records shall be in writing upon an application form supplied by the records access officer.
B. 
The records access officer shall respond to any requests reasonably describing the record or records sought within five business days of the receipt of the request.
C. 
Requests for records shall reasonably describe the record or records sought. Whenever possible, any person requesting records should supply information regarding dates or file information that may help to describe the records sought.
D. 
In the event that 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 the 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 receipt of a request, it may be construed as a denial of access that may be appealed.
A. 
The records access officer shall maintain a reasonably detailed current list, by subject matter, of all records in its possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
C. 
The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
A. 
The Board of Trustees of the Village of Brightwaters shall hear appeals regarding denial of access to records under the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
B. 
Denial of access shall be in writing, stating the reason therefor and advising the person denied access of his or her right to appeal to the Board of Trustees of the Village of Brightwaters, 40 Seneca Drive, Brightwaters, New York.
C. 
If a records access officer fails to respond to a request within five business days of receipt of a request as required in § 94-5D, such failure shall be deemed a denial of access by the records access officer.
D. 
Any person denied access to records may appeal within 30 days of a denial.
E. 
The time for deciding an appeal by the Board of Trustees of the Village of Brightwaters shall commence upon receipt of written appeal identifying:
(1) 
The date and location of a request for records.
(2) 
The records that were denied.
(3) 
The name and return address of the appellant.
F. 
The Board of Trustees of the Village of Brightwaters shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to[2]:
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
G. 
The Board of Trustees of the Village of Brightwaters shall inform the appellant and the Committee on Open Government of its determination, in writing, within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection F of this section.[3]
[3]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
H. 
A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is otherwise prescribed by law, there shall be no fee charged for the following:
A. 
Inspection of records.
B. 
Search for records.
C. 
Any certification pursuant to this chapter.
[1]
Editor's Note: The current fee schedule is available from the Village Clerk at the Village offices during regular office hours.
The records access officer shall publicize the following information by posting the same in a conspicuous location throughout the Village which is regularly used to advertise matters of public interest:
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 designated records access officer.
C. 
The right to appeal by any person denied access to a record and the name and business address of the person or body to whom an appeal is to be directed.