[HISTORY: Adopted by the Board of Trustees of the Village of New
Hyde Park 3-21-1978. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of New Hyde Park hereby
promulgates this chapter in accordance with § 87 of the new Freedom
of Information Law.[1]
[1]
Editor's Note: See § 85 et seq. of the Public Officers
Law.
A.
The Village Clerk is hereby designated as the records
access officer of the Village of New Hyde Park.
B.
The records access officer 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.
A.
Requests for inspection and/or copying of documents shall
be made at the Village Hall, located at 1420 Jericho Turnpike, New Hyde Park,
New York.
B.
Requests can be made during regular business hours.
C.
The normal charge for photocopies of records shall be
$0.25 per page for photocopies not exceeding nine inches by 14 inches and
the actual cost of reproducing any other records, except when a different
fee is otherwise prescribed by statute, provided that the requestor may be
charged for the clerical time involved in making written or typed transcripts
if the requested record(s) cannot be copied using available photocopying equipment.
There shall be no fee charged for inspection, search or certification of records,
unless otherwise prescribed by law.
[Amended 12-7-1989 by L.L. No. 3-1989]
D.
No records shall be removed from the lawful custody of
any public officer charged with the duty of maintaining such records.
E.
The records access officer may accept oral requests for
records or may require requests to be written on preprinted forms.
F.
Requests must reasonably describe the record(s) sought.
G.
With respect to each request reasonably describing the
record(s) sought, the records access officer must:
(1)
Respond thereto within five business days of receipt
(either grant or deny access); or
(2)
Acknowledge receipt of the request, in writing, within
five business days of receipt, stating the approximate date when the request
will be granted or denied. The request will be deemed denied if access to
the record(s) is not granted or denied within 10 business days of this acknowledgment.
A.
The Board of Trustees is hereby designated to hear appeals
regarding denial of access to records under the Freedom of Information Law.
B.
Denial of access shall be in writing, state the reason
therefor and advise the requestor of his or her right to appeal the denial
to the Board of Trustees.
C.
An appeal must be made in writing to the Board of Trustees
within 30 days of the denial, identifying the appellant's name and address,
the date of the request for record(s) and the record(s) denied. Copies of
all appeals shall be transmitted to the Committee on Open Government.
[Amended 12-7-1989 by L.L. No. 3-1989]
D.
The Board of Trustees shall, within 10
business days of the receipt of such appeal, fully explain in writing to the
person requesting the record the reasons for further denial or provide access
to the record sought. In addition, the Board shall immediately forward to
the Committee on Open Government a copy of such appeal when received and the
ensuing determination thereon.
[Amended 12-7-1989 by L.L. No. 3-1989]
