§ 36-3. Purpose.
A. The
people's right to know the process of governmental decisionmaking and to review
the documents and statistics leading to determinations is basic to our society.
Access to such information should not be thwarted by shrouding it with the
cloak of secrecy or confidentiality.
B. These
regulations provide information concerning the procedures by which records may
be obtained.
C. Personnel
shall furnish to the public the information and records required by the Freedom
of Information Law as well as records otherwise available by
law.
§ 36-4. Records
inaccessible to the public.
A. The
following records, pursuant to village and state law, are not accessible to the
public:
(1) Those
which are specifically exempted from disclosure by state or federal
statute.
(2) Those
which, if disclosed, would constitute an unwarranted invasion of personal
privacy under the provisions of Subdivision 2 of § 89 of the Public
Officers Law.
(3) Those
which, if disclosed, would impair present or imminent contract awards or
collective bargaining negotiations.
(4) Those
which 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) Those
which are compiled for law enforcement purposes and which, if disclosed,
would:
(a) Interfere
with law enforcement investigations or judicial 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; or
(d) Reveal
criminal investigative techniques or procedures, except routine techniques and
procedures.
(6) Those
which, if disclosed, would endanger the life or safety of any person.
(7) Those
which are interagency or intraagency materials which are not:
(a) Statistical
or factual tabulations or data;
(b) Instructions
to staff that affect the public;
(c) Final
agency policy or determinations; or
(d) External
audits, including but not limited to audits performed by the Comptroller and
the federal government.
(8) Those
which are examination questions or answers which are requested prior to the
final administration of such questions.
(9) Those
which are computer access codes.
B. Any
conflicts among laws governing public access to records shall be construed in
favor of the widest possible availability of public records.
§ 36-5. Designation of
records access officers; responsibilities.
A. The
Board of Trustees of the Village of New York Mills is responsible for ensuring
compliance with the regulations herein and designates the following person as
records access officer: Village Clerk, One Maple Street, New York Mills, New
York 13417.
B. Records
access officers are responsible for ensuring appropriate agency response to
public requests for access to records. The designation of records access
officers shall not be construed to prohibit officials who have in the past been
authorized to make records or information available to the public from
continuing to do so. Records access officers shall ensure that personnel:
(1) Maintain
an up-to-date subject matter list.
(2) Assist
the requester in identifying requested records, if necessary.
(3) Upon
locating the records, take one of the following actions:
(a) Make
records available for inspection; or
(b) Deny
access to the records in whole or in part and explain in writing the reasons
therefor.
(4) Upon
request for copies of records, make a copy available upon payment or offer to
pay established fees, if any, in accordance with § 36-9.
(5) Upon
request, certify that a record is a true copy.
(6) Upon
failure to locate records, certify that:
(a) The
Village of New York Mills is not the custodian for such records; or
(b) The
records of which the Village of New York Mills is custodian cannot be found
after diligent search.
§ 36-6. Location of
records.
Records
shall be available for public inspection and copying at the office of the
Village Clerk, One Maple Street, New York Mills, New York 13417.
§ 36-7. Hours for
public inspection.
Requests for
public access to records shall be accepted and records produced during all
hours the Village Clerk's office is regularly open for business.
§ 36-8. Procedure for
requests.
A. A
written request is required.
B. A
response shall be given regarding any request reasonably describing the record
or records sought within five business days of receipt of the request.
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 acknowledgment of 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, such failure may be construed as a denial
of access that may be appealed.
§ 36-9. Subject matter
list.
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.
§ 36-10. Denial of
access; appeals.
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 or body
established to hear appeals.
B. If
requested records are not provided promptly as required in § 36-6D of
these regulations, such failure shall also be deemed a denial of access.
C. The
following person or persons or body shall hear appeals from denial of access to
records under the Freedom of Information Law: the Board of Trustees of the
Village of New York Mills, One Maple Street, New York Mills, New York
13417.
D. The
time for deciding an appeal by the individual or body designated to hear
appeals shall commence upon receipt of written appeal identifying:
(1) The
date of the appeal.
(2) The
date and location of the request for records.
(3) The
records to which the requester was denied access.
(4) Whether
the denial of access was in writing or due to failure to provide records
promptly as required by § 36-6D.
(5) The
name and return address of the requester.
E. The
individual or body designated to hear appeals shall inform the requester of its
decision in writing within 10 business days of receipt of an appeal.
F. The
person or body designated to hear appeals shall transmit to the Committee on
Open Government copies of all appeals upon receipt of appeals. Such copies
shall be addressed to the Committee on Open Government, Department of State,
162 Washington Avenue, Albany, New York 12231.
G. The
person or body designated to hear 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 in Subsection F of
this section.
§ 36-11. Fees.
A. There
shall be no fee charged for:
(1) Inspection
of records.
(2) Search
for records.
(3) Any
certification pursuant to this article.
B. Copies
of records shall be provided according to the following fee schedule:
(1) The
fee for photocopies not exceeding nine inches by 14 inches is $0.25 per
page.
(2) The
fee for copies of records other than photocopies which are nine inches by 14
inches or less shall be the actual copying cost, excluding fixed agency costs
such as salaries.
§ 36-12. Public notice.
A notice
containing the title or name and business address of the records access
officers and appeals person or body and the location where records can be seen
or copied shall be posted in a conspicuous location wherever records are kept
and/or published in a local newspaper of general circulation.
