Village of Ocean Beach, NY Chapter A167 Freedom of Information

[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach 12-13-80 by resolution. Amendments noted where applicable.]

§ A167-1 Records to be available for public inspection.

The records of the Village of Ocean Beach are available to the public for inspection and the making of copies thereof except as hereinafter provided:

A. "Record" means any information kept, held, filed, produced or reproduced by, with or for the Village of Ocean Beach, in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

B. Records or portions of records which are not required to be made available are those which are as follows:

(1) Specifically exempted from disclosure by state or federal statute.

(2) If disclosed would constitute an unwarranted invasion of personal privacy under the provisions of Subdivision 2 of § 89 of the Public Officers Law.

(3) If disclosed would impair present or imminent contract awards or collective bargaining negotiations.

(4) Trade secrets or are maintained for the regulation of commercial enterprise, which if disclosed would cause substantial injury to the competitive position of the subject enterprise.

(5) Compiled for law enforcement purposes and which, if disclosed, would:

(a) Interfere with law enforcement investigations or 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.

(d) Reveal criminal investigative techniques or procedures, except routine techniques and procedures.

(6) If disclosed would endanger the life or safety of any person.

(7) Are interagency or intraagency materials which are not:

(a) Statistical or factual tabulations or data.

(b) Instructions to staff that affect the public.

(c) Final agency policy or determinations.

(8) Are examination questions or answers which are requested prior to the final administration of such questions.

§ A167-2 Records access officer designated.

The Village Clerk[1] is hereby designated records access officer.

[1] Editor's Note: The name of Mildred Fischer, which immediately followed the word "Clerk," was deleted at time of publication.

§ A167-3 Appeals to be taken to Mayor.

The Mayor[1] is hereby designated as the person to whom an appeal would be taken after a denial of access.

[1] Editor's Note: The name of Thomas J. Schwarz, which immediately followed the word "Mayor," was deleted at time of publication.

§ A167-4 Requests for access; fees.

The records shall be available at the Village Office, Ocean Beach, New York, subject to the following:

A. Requests for public access to the records shall be made and records shall be made available during the hours from 10:00 a.m. to 2:00 p.m., prevailing time, at the Village Office.

B. The request for public access to records shall be made in writing, and, to the extent possible, the person requesting the records should supply information regarding dates, file designations or other information to assist in locating the records.

C. The request shall be responded to within five business days of receipt of the request.

D. Inspection shall proceed in an orderly and chronological fashion, and no records shall be removed from the custody of the Village of Ocean Beach, its agents, servants and employees.

E. A fee shall be charged for copies of records, as follows:

(1) The fee for copying records shall not exceed twenty-five cents ($0.25) per page for photocopies not exceeding eight and one-half by fourteen (8 1/2 x 14) inches.

(2) In the event that the records may not be photocopied, a transcript of the requested records shall be made upon request. The person requesting the records shall be charged for the clerical time involved in making the transcript.

(3) The fee for copies of records not covered by Subsection E(1) and (2) above shall not exceed the actual reproduction costs.

§ A167-5 Denial of access.

In the event of denial of access the person requesting the records shall be advised of such denial in writing, stating the reason therefor and the right of the person to appeal to the individual designated to hear such appeals.

§ A167-6 Certain information to be posted.

The Village Clerk shall cause to be posted and/or published the following:

A. The location where records shall be made available for inspection and copying.

B. The name, title and business address and telephone number of the records access officer.

C. The right to appeal by any person denied access to a record and the business address of the person to whom an appeal is to be directed.