[HISTORY: Adopted by the Board of Trustees of the Village of Oyster
Bay Cove as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-18-1975]
The Board of Trustees of the Village of Oyster Bay Cove hereby promulgates
this set of rules in accordance with the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law, § 84
et seq.
The purpose of these regulations shall be to maintain the spirit of
the law and to recognize that the concept of open records is consistent with
the purpose of this Board of Trustees.
As used in this article, the following terms shall have the meanings
indicated:
The Deputy Village Clerk or any other person designated by the Village
Clerk to maintain records of the Village.
The Village Clerk is hereby designated as the fiscal officer and records
access officer of the Village of Oyster Bay Cove. All requests for public
access and production of records shall be addressed to the Village Clerk at
25B Route 25A, Oyster Bay, New York 11771, or by telephoning said Clerk at
516-922-1016. The Clerk will then arrange a mutually convenient appointment
to inspect and copy the requested records.
All requests should be sufficiently specific that the records desired
are readily identifiable. In the event the records sought are not available,
the persons seeking such records shall make application (FOIL) to
the Village Clerk upon the form supplied.
The Village Clerk 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. In the event the request for public records
interferes with the operation of the office of the Village Clerk and makes
it difficult for members of the public to receive its regular services, the
Village Clerk is hereby authorized to establish hours during each day when
she shall process requests for records including the times when such requests
shall be made in order to enable her to find the records for review and copying.
The times so established by the Village Clerk shall be conspicuously posted
in the office of the Village Clerk.
If the Village has photocopying equipment, the Village Clerk is authorized to copy any records which are within the purview of the law and to charge fees as provided in Chapter 162, Fees and Deposits, of the Code of the Village of Oyster Bay Cove. No records shall be reproduced until payment is first received.
If the Village does not have photocopying equipment, a transcript of
the requested records shall be made upon request. Such transcripts may be
either typed or handwritten. In such cases, the requester shall be charged
the actual cost of the clerical time involved in making the transcript.
No records shall be removed from the lawful custody of any public office
charged with the duty of maintaining such records.
The examination of public records should be conducted in an orderly
and chronological manner without unduly interfering with the operation of
said Village office or other individuals examining similar records.
In the event any requests cannot be met within five working days after
receipt by the Village, the applicant will be notified in writing before the
end of said period, stating the reason for the delay and the estimated date
of production or denial of the request.
In the event a question arises that the public viewing of such records
may result in an unwarranted invasion of a citizen's personal privacy or may
result in a disclosure of material that must be confidential to promote effective
law enforcement or for any other reason which, in the opinion of the Village
Clerk, is valid to promote the public interest while consistent with the new
law, the Village Clerk shall confer with the Attorney for the Village before
determining if such records shall be made available for inspection.
The Mayor is hereby designated as the appeals officer of the Village
of Oyster Bay Cove and empowered to hear all appeals from the denial of access
to records under the Freedom of Information Law.
If an application is denied, the Village Clerk shall notify in writing
said party stating the reasons therefor and inform him of his right to appeal
and the required procedures. All appeals shall be in writing.
The appeals officer, within seven business days of receipt of an appeal,
shall render a written decision.
The Village Clerk shall maintain and make available for public inspection
and copying a listing by subject matter of all applicable records. The listing
shall be updated at least semiannually and noted with the most recent date
it was updated.
[Adopted 4-18-1989]
The Records Retention and Disposition Schedule MU-1, issued pursuant
to Article 57-A of the Arts and Cultural Affairs Law, and containing legal
minimum retention periods for municipal government records be, and it hereby
is, adopted for use by all municipal officers of the Incorporated Village
of Oyster Bay Cove in disposing of Village government records listed therein,
and
In accordance with Article 57-A, cited above:
A.
Only those records will be disposed of that are described
in Records Retention and Disposition Schedule MU-1 after they have met the
minimum retention period prescribed therein;
B.
Only those records will be disposed of that do not have
sufficient administrative, fiscal, legal, or historical value to merit retention
beyond established time periods.
