[HISTORY: Adopted by the Board of Trustees of the Village of Babylon 4-11-1978 by L.L. No. 1-1978 (Ch. 189 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Records management — See Ch. 49.
This chapter shall be known as the "Rules and Regulations Implementing the Freedom of Information Law."
In accordance with the regulations promulgated by the Committee on Public Access to Records[1] on January 10, 1978, as mandated by the Freedom of Information Law (as adopted by Chapter 933, Sec. 1, Laws of 1977, Public Officers Law, Article 5, § 84 et seq.), the Board of Trustees of the Village of Babylon promulgates these rules and regulations implementing the Freedom of Information Law to ensure the fulfillment of the enacting legislative declaration, the people's right to know the process of government decisionmaking and to review the documents and statistics leading to determinations which are basic to our society, and to further ensure that access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
[1]
Editor's Note: This committee is now known as the "Committee on Open Government."
This chapter provides information concerning the procedures by which records and information authorized under the Freedom of Information Law may be obtained from the Village of Babylon. Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
The Mayor and the Board of Trustees shall be responsible for ensuring compliance with the provisions of the Freedom of Information Law and the rules and regulations promulgated herein. The Village Clerk, Deputy Village Clerk and Deputy Treasurer, having offices at 153 West Main Street, Babylon, New York 11702, are hereby designated records access officers. They shall have the duty of coordinating the response of the Village to public requests for access to records as provided in the Freedom of Information Law. It shall be the duty of the records access officers to:
A. 
Maintain an up-to-date subject matter list.
B. 
Assist the requester in identifying requested records if necessary.
C. 
Upon locating the records, take one of the following actions.
(1) 
Make records available for inspection.
(2) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
D. 
Upon request for copies of records:
(1) 
Make a copy available upon payment or offer to pay the fees established, if any; or
(2) 
Permit the requester to copy those records.
E. 
Upon request, certify that a record is a true copy.
F. 
Upon failure to locate records, certify that:
(1) 
The Village is not the custodian for such records; or
(2) 
The records of which the Village is a custodian cannot be found after a diligent search.
Public records shall be available for public inspection and copying at the Clerk's office, Village Hall, 153 West Main Street, Babylon, New York 11702.
A. 
Requests for public access to records and the production thereof shall be accepted during regular business hours of the Clerk's offices.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Written request may be made to the Village Clerk by the public requesting an appointment during regular business hours to inspect and copy records. Such request shall state the name, address and phone number of the requester and a description of the records and material to be inspected. The Village Clerk shall establish an appointment convenient to both the requester and a records access officer for such examination or copying of records.
A. 
All requests for access to records shall be in writing, signed by the party requesting the information, delivered to or addressed to the Village Clerk.
B. 
The Village Clerk shall respond to any request reasonably describing the record or records sought within five business days of receipt of such request.
C. 
All written requests shall reasonably describe the record sought, with dates, file designations or other information helpful to the location of documents.
D. 
If the records access officer does not provide or deny access to the record sought within five days of receipt of a request, the Village Clerk 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 Village Clerk shall maintain a reasonably detailed current list by subject matter of all records of the Village, whether or not records are available or specifically excepted, as provided by Subdivisions 2 and 3 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 in any calendar year. The most recent update shall appear on the first page of the subject matter list.
A. 
The Board of Trustees or the Mayor shall hear appeals or may designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.
B. 
Denial of access shall be in writing, stating the reason therefor and advising the person denied access of his or her right to appeal to the Board of Trustees or the Mayor located at the Village Hall, 153 West Main Street, Babylon, New York 11702, telephone 669-1212 or 661-9233.
C. 
If the Board of Trustees or the Mayor fails to respond to a request within five business days of receipt of a request as required in § 274-7D of this chapter, such failure shall be deemed a denial of access by the Village.
D. 
Any person denied access to records may appeal within 30 days of the date of such denial.
E. 
The time for deciding an appeal by the Board of Trustees or the Mayor shall commence upon receipt of written appeal identifying:
(1) 
The date and location of a request for records.
(2) 
The records that were denied.
(3) 
The name and return address of the appellant.
F. 
The Board of Trustees shall transmit to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231, copies of all appeals upon receipt of an appeal.
G. 
The Board of Trustees or the Mayor or the person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in writing.
H. 
A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is provided otherwise by law:
A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to § 274-4E of this chapter.
B. 
The Village may charge a fee for copies of records which shall not exceed $0.25 per photocopy not in excess of nine inches by 14 inches, or the actual cost of reproducing any other record, except when a different fee is otherwise prescribed by law.
C. 
Where a record may not be photocopied, a transcript or summary of the requested records shall be made upon request. Such transcript or summary may be either typed or handwritten. In such cases the person requesting records may be charged for the clerical time involved in making the transcript.
The Village Clerk shall publicize by posting in a conspicuous location in the Village Hall:
A. 
The location where records shall be available for inspection and copying.
B. 
The name, title, business address and business telephone number of the designated records access officer.
C. 
The right to appeal by any person denied access to a record and the name and business address of any body, officer, person or board to whom an appeal is directed.