[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-7-1988 by L.L. No. 3-1988]
A.
The people's right to know the process of government
decisionmaking and 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.
D.
The following records, pursuant to Village and state
law, are not accessible to the public:
(1)
Records that are specifically exempted from disclosure
by state or federal statute.
(3)
Records that, if disclosed, would impair present or
imminent contract awards or collective bargaining negotiations.
(4)
Records that are trade secrets or are submitted to
an agency by a commercial enterprise or derived from information obtained
from a commercial enterprise and which, if disclosed, would cause
substantial injury to the competitive position of the subject enterprise.
[Amended 8-11-1997 by L.L. No. 4-1997]
(5)
Records that are compiled for law enforcement purposes
and which, if disclosed, would:
(a)
Interfere with law enforcement investigation
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)
Records that, if disclosed, would endanger the life
or safety of any person.
(7)
Records that are interagency or intra-agency materials
which:
(a)
Are not statistical or factual tabulations of
data.
(b)
Are not instructions to staff that affect the
public.
(c)
Are not final agency policy or determinations.
(d)
Are not external audits, including but not limited
to audits performed by the Comptroller and the federal government.
(e)
Are examination questions or answers which are
requested prior to the final administration of such questions.
(f)
Are computer access codes.
(g)
Are photographs, microphotographs, videotape
or other recorded images prepared under authority of § 1111-a
of the Vehicle and Traffic Law.
[Added 8-11-1997 by L.L. No. 4-1997]
E.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
A.
The Board of Trustees of the Village of Haverstraw
is responsible for ensuring compliance with the regulations herein
and designates the following persons as records access officers:
[Amended 3-3-2014 by L.L. No. 3-2014]
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.
(4)
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 59-8.
(5)
Upon request, certify that a record is a true copy.
[Amended 3-3-2014 by L.L.
No. 3-2014]
Records shall be available for public inspection
and copying at the office of the Village Clerk, 40 New Main Street,
Haverstraw, New York 10927.
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are 9:00 a.m. until 4:00 p.m.
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, the request 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.
[Amended 8-11-1997 by L.L. No. 4-1997; 3-3-2014 by L.L. No. 3-2014]
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 § 59-5D of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear
appeals for denials of access to records under the Freedom of Information
Law: The Village Board of the Village of Haverstraw, 40 New Main Street,
Haverstraw, New York 10927, (914) 429-0300. Appeals shall be made
within 30 days of denial.
D.
The time for deciding an appeal by the individual
or body designated to hear appeals shall commence upon request of
written appeal, identifying:
(1)
The date of the appeal.
(2)
The date and location of the requests 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 § 59-5D.
(5)
The name and return address of the requester.
E.
The person or body designated to hear appeals shall
transmit to the Committee on Open Government copies of all appeals.
Such copies shall be addressed to Committee on Open Government, Department
of State, 162 Washington Avenue, Albany, New York 12231.
F.
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 Public Access to Records in the same manner as set forth in Subsection E of this section.
B.
Copies of records shall be provided on the following
fee schedule:
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.
