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Village of Woodsburgh, NY
Nassau County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by the Board of Trustees of the Village of Woodsburgh 3-20-1989 as L.L. No. 8-1989. Section 114-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
GENERAL REFERENCES
Village Clerk — See Ch. 8.
This chapter is intended to implement procedures in the Village of Woodsburgh for enforcement of the New York State Freedom of Information Law (Public Officers Law Article 6).
A. 
The Village Clerk, care of the Village Hall, is hereby designated the records access officer of the village.
B. 
The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the records access officer 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, provided that no such person shall be authorized to provide access to any record which is not required to be made public.
C. 
The records access officer shall:
(1) 
Maintain a current subject matter list.
(2) 
Assist a requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records, in whole or in part, and explain, in writing, the reason(s) therefor.
(4) 
Upon request for copies of records, take one of the following actions:
(a) 
Make copies available upon request, upon payment of any required fees; or
(b) 
Permit the requester to copy the records.
(5) 
Upon request, certify that a record is a true copy, upon payment of any required fees.
(6) 
Upon failure to locate records, certify that:
(a) 
The village is not custodian for such records; or
(b) 
The records of which the village is custodian cannot be found after a diligent search.
Records shall be available for public inspection and copying at the village office.
Requests for public access to records shall be accepted and records produced in response thereto during all hours that the Village Clerk's office is regularly open for business.
A. 
A written request may be required, but oral requests may be accepted at the discretion of the records access officer when records are readily available.
B. 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designation or other information which may be of help in describing or locating the records sought.
C. 
A response shall be given within five business days of receipt of any request reasonably describing the record or 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, the officer shall furnish a written acknowledgement of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to the records is neither granted nor denied within 10 business days after the date of acknowledgement of receipt of a request, the requester may construe such fact 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 the possession of such officer, whether or not such records are required to be made available for public inspection or copying.
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 date of the most recent update shall appear on the first page of the subject matter list.
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 body established to hear appeals.
B. 
If requested records are not provided promptly, as provided in this chapter, such failure shall be deemed to be a denial of access.
C. 
The Mayor or his designee shall hear appeals for denial of access to records under the Freedom of Information Law. Such appeals shall be made in writing within 30 days after the denial of access.
D. 
The time for deciding an appeal shall commence upon receipt of a written and timely appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the request 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 provided in this chapter.
(5) 
The name and address of the requester.
E. 
The person designated to hear appeals shall inform the requester of the decision on the appeal within 10 business days of receipt of an appeal.
F. 
The person designated to hear appeals shall promptly forward to the New York State Committee on Open Government copies of all appeals upon the receipt and ensuing determination thereof.
Fees for various services and copies shall be as set by resolution of the Board of Trustees from time to time.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: A schedule of said fees is on file in the office of the Village Clerk.
A notice containing the title or name and the business address of the records access officer and the appeals body and the location where records can be seen or copied shall be in a conspicuous location wherever records are kept.