[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 7-6-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
A.
The people's right to know the process of government
decision making and to review 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.
This chapter provides information concerning the procedures
by which records may be obtained.
C.
Personnel shall furnish to the public the information
and records required by the Freedom of Information Law, as well as
records otherwise available by law.
A.
The following records, pursuant to the Village Law,
are not accessible to the public:
(1)
Those which specifically exempted from disclosure
by state or federal statute.
(2)
Those which, if disclosed, would constitute an unwarranted
invasion of personal privacy under the provisions of Subdivision 2
of § 89 of the Public Officers Law.
(3)
Those which, if disclosed, would impair present or
imminent contract awards or collective bargaining negotiations.
(4)
Those which are trade secrets or are maintained for
the regulation of commercial enterprise which, if disclosed, would
cause substantial injury tot he competitive position of the subject
enterprise.
(5)
Those which are compiled for law enforcement purposes
and which, if disclosed, would:
(a)
Interfere with law enforcement investigations or judicial
proceedings;
(b)
Deprive a person of a right to a fair trail 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)
Those which, if disclosed, would endanger the life
or safety of any person.
(7)
Those which are interagency or intraagency materials
which are not:
(8)
Those which are examination questions or answers which
are requested prior to the final administration of such questions.
(9)
Those which are computer access codes.
B.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
The records access officer shall be responsible
for assuring that agency personnel:
A.
Comply with requirements and provisions of the Freedom
of Information Law, the rules and regulations of the Committee on
Public Access to Records and this chapter in providing access to agency
records.
B.
Maintain an up-to-date subject matter list of records,
update it twice a year and make it available for public inspection
and copying.
C.
Explain, in writing, reasons for denial of access
and advise the requester of right to appeal, setting forth the name,
title, business address and telephone of persons to whom appeal may
be taken.
D.
Upon request, calculate in advance the total cost
of copies.
E.
Permit the requester to make his or her own copy,
without damaging the record and without relinquishing custody of the
same.
Records shall be available for public inspection
and copying at the office of the Village Clerk, 7 Stage Road, Monroe,
New York 10950.
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, such failure may be construed as a denial
of access that may be appealed.