[Amended 11-3-2004 by Res. No. 547-2004]
For the purposes of these rules, the following
terms shall have the meanings indicated:
AGENCY
Any department, office, board, bureau, commission, council,
committee, division, district or other governmental entity performing
a governmental function for the County of Rockland and having custody
of records.
RECORD
As defined in § 86(4) of the New York State Freedom
of Information Law.
[Amended 11-3-2004 by Res. No. 547-2004; 5-1-2007 by Res. No. 248-2007]
Each agency, on request for reasonably described
records made in writing, shall make the records, except as otherwise
exempt by statute, promptly available to any person for inspection
and, upon payment of the fees set forth herein, unless other fees
are provided by law, either make photostatic copies of such records
as requested, provide the records in electronic format, if reasonable
means are available to the agency, or certify that the agency is not
the legal custodian for such records or that the requested records
cannot be found. Nothing in these procedures shall be construed to
require any entity to prepare any record not possessed or maintained
by such entity except as otherwise provided by law.
[Amended 11-3-2004 by Res. No. 547-2004]
A notice containing the name, title, office
address and office telephone number of the Records Access Officer,
the substitute Records Access Officer, and the appeals person, the
location where records can be seen or copied, and the times during
which records can be seen, shall be posted in a conspicuous location
wherever records are kept, and/or by publication in a local newspaper
of general circulation.
[Amended 11-3-2004 by Res. No. 547-2004]
Agencies shall adopt the records retention schedule
developed by the State Education Department pursuant to Article 57-A
of the New York State Cultural Affairs Law as their subject matter
lists.
[Amended 11-3-2004 by Res. No. 547-2004]
Each agency shall maintain and make available
for public inspection and copying and certify, upon request, that
the transcript is a true copy, in conformity with such regulations
as may be issued by the New York State Committee on Open Government,
a current list, reasonably detailed, by subject matter, of any records
enumerated in § 87 of the Public Officers Law.
Each agency shall maintain a list which sets
forth the following: the name, public office address, title and salary
of every officer or employee of the agency.
[Amended 11-3-2004 by Res. No. 547-2004]
Each agency shall accept requests for public
access to records and produce records during all hours it is regularly
open for business. In agencies which do not have daily regular business
hours, a written procedure shall be established by which a person
may arrange an appointment to inspect and copy records. Such procedure
shall include the name, position, address and telephone number of
the party to be contacted for the purpose of making an appointment.
[Amended 11-3-2004 by Res. No. 547-2004; 5-1-2007 by Res. No. 248-2007]
A. A written request shall be required, but oral requests
may be accepted by an agency when records are readily available, as
determined by the agency. If an agency has reasonable means available,
it shall accept requests for records submitted in the form of electronic
mail.
B. A response shall be given regarding nay request reasonably
describing the record or records sought within five business days
of receipt of the request. If an agency has reasonable means available,
it shall respond to requests for records submitted in the form of
electronic mail by electronic mail, provided that the requests do
not seek a response in some other form.
C. A request shall reasonably describe the record or
records sought. Whenever possible a person requesting records should
supply information regarding dates, file designations or other information
that may help to describe the records sought.
D. If the records access officer does not provide or
deny access to the record sought within five business days of receipt
of a request, he or she shall furnish a written acknowledgement of
receipt of the request and a statement of the approximate date, which
date must be reasonable under the circumstances of the request, when
the request will be granted or denied. If an agency determines to
grant a request in whole or in part, and if circumstances prevent
disclosure to the person requesting the record or records within 20
business days from the date of the acknowledgement of the receipt
of the request, the agency shall state, in writing, both the reason
for the inability to grant the request within 20 business days and
add a date certain within a reasonable period, depending on the circumstances,
when the request will be granted in whole or in part.
[Amended 11-3-2004 by Res. No. 547-2004]
These rules shall not apply to records or portions
thereof that are outlined and as prescribed in § 87(2) of
the New York State Freedom of Information Law.
[Amended 11-3-2004 by Res. No. 547-2004]
A. Denial of access to records shall be in writing stating
the reason therefor and advising the requester of the right to appeal
to the individual established to hear appeals.
B. If the records are not provided promptly, as required in §
329-11D of these regulations, such failure shall also be deemed a denial of access.
C. The following persons shall hear appeals for denial
of access to records under the Freedom of Information Law:
(1) With respect to records of, or under the control of,
the Legislature, appeals shall be directed to the Vice Chairperson
of the Legislature.
(2) With respect to records of, or under the control of,
the Office of the District Attorney, appeals shall be directed to
the Chief Assistant District Attorney.
(3) With respect and reference to all other records, appeals
shall be directed to the Records Access Appeals Officer in the Office
of the County Executive.
D. Any party denied access to a record or records may
appeal such denial, in writing, to the person designated herein to
hear said appeal, within 30 days after such denial. If said designated
person further denies such access, his/her reasons therefor shall
be explained, in writing, within 10 business days and a copy mailed
to the party denied access.
E. The individual designated to hear appeals shall inform
the requester of his/her decision, in writing, within 10 business
days of receipt of the appeal. A failure to determine the appeal within
10 business days shall constitute a denial of the appeal.
[Amended 5-1-2007 by Res. No. 248-2007]
F. A person denied access to a record in an appeal determination
under this section may bring a proceeding for review of such denial
pursuant to Article 78 of the Civil Practice Law and Rules. In the
event that access to any record is denied pursuant to the provisions
of § 87(2) of the Public Officers Law, the agency involved
shall have the burden of proving that such record falls within the
provisions of such § 87(2).
[Added 5-1-2007 by Res. No. 248-2007]
G. The court in such a proceeding may access, against
such agency involved, reasonable attorney’s fees and other litigation
costs reasonably incurred by such person in any case under the provisions
of this section in which such person has substantially prevailed,
when:
[Added 5-1-2007 by Res. No. 248-2007]
(1) The agency had no reasonable basis for denying access;
or
(2) The agency failed to respond to such a request or
appeal within the statutory time.
H. The person or body designated to determine appeals
shall transmit to the Committee on Open Government copies of all appeals
upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, New York 12231
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I. The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 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 Subsection
H of this section.