[HISTORY: Adopted by the Board of Trustees
of the Village of Mill Neck 3-15-2023 by L.L. No. 4-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 64,
Freedom of Information, adopted 11-16-1976 by resolution.
The Board of Trustees of the Village of Mill Neck hereby promulgates
this set of rules in accordance with the New York State Freedom of
Information Law.
The Village Clerk is hereby designated as the records access
officer of the Village of Mill Neck.
A.Â
All requests for public access and the production of records shall
be in writing and addressed to the Village Clerk, 32 Frost Mill Road,
Mill Neck, New York 11765.
B.Â
All requests should be sufficiently specific that the records desired
are readily identifiable.
C.Â
All requests shall be acknowledged as received by the Village Clerk
within five business days of receipt.
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
that 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.
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 that any requests cannot be met within 20 business
days after written acknowledgment 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 that 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 or production.
The Mayor is hereby designated as the appeals officer of the
Village of Mill Neck and empowered to hear all appeals from the denial
of access to records under the Freedom of Information Law.
A.Â
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
and must be filed with the Village within 30 days of a denial.
B.Â
The appeals officer, within 10 business days of receipt of an appeal,
shall render a written decision and provide a courtesy copy to the
Committee on Open Government.
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.
A.Â
The Village Clerk may charge a fee for copies of records, provided
that:
