[HISTORY: Adopted by the Rockland County
Legislature 3-1-1994 by Res. No. 78-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 263.
[1]
Editor's Note: This resolution also repealed
former Ch. 329, Public Records, Access to, adopted 5-20-1975 by Res.
No. 400-1975.
A.
The People's right to know the process of government
decisionmaking and 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 policy provides information concerning the procedures
by which records may be obtained.
D.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
[Amended 11-3-2004 by Res. No. 547-2004]
For the purposes of these rules, the following
terms shall have the meanings indicated:
Any department, office, board, bureau, commission, council,
committee, division, district or other governmental entity performing
a governmental function for the County of Rockland and having custody
of records.
As defined in § 86(4) of the New York State Freedom
of Information Law.
[Amended 11-3-2004 by Res. No. 547-2004; 5-1-2007 by Res. No. 248-2007]
Each agency, on request for reasonably described
records made in writing, shall make the records, except as otherwise
exempt by statute, promptly available to any person for inspection
and, upon payment of the fees set forth herein, unless other fees
are provided by law, either make photostatic copies of such records
as requested, provide the records in electronic format, if reasonable
means are available to the agency, or certify that the agency is not
the legal custodian for such records or that the requested records
cannot be found. Nothing in these procedures shall be construed to
require any entity to prepare any record not possessed or maintained
by such entity except as otherwise provided by law.
A.
Each agency shall designate, in writing, a records
access officer and substitute. The written designation shall be filed
with the County Executive's Office and the Department of Law. The
written designation shall provide at least the following:
B.
Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records.
The designation of records access officers 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.
C.
D.
Notwithstanding any other provisions of this policy
to the contrary, no record of the County of Rockland shall be removed
from the agency office without the prior written approval of the agency's
access officer and department head.
[Amended 11-3-2004 by Res. No. 547-2004]
A notice containing the name, title, office
address and office telephone number of the Records Access Officer,
the substitute Records Access Officer, and the appeals person, the
location where records can be seen or copied, and the times during
which records can be seen, shall be posted in a conspicuous location
wherever records are kept, and/or by publication in a local newspaper
of general circulation.
[1]
Editor's Note: Former § 329-6, Payroll
records, was repealed 11-3-2004 by Res. No. 547-2004.
[Amended 11-3-2004 by Res. No. 547-2004]
Agencies shall adopt the records retention schedule
developed by the State Education Department pursuant to Article 57-A
of the New York State Cultural Affairs Law as their subject matter
lists.
[Amended 11-3-2004 by Res. No. 547-2004]
Each agency shall maintain and make available
for public inspection and copying and certify, upon request, that
the transcript is a true copy, in conformity with such regulations
as may be issued by the New York State Committee on Open Government,
a current list, reasonably detailed, by subject matter, of any records
enumerated in § 87 of the Public Officers Law.
Each agency shall maintain a list which sets
forth the following: the name, public office address, title and salary
of every officer or employee of the agency.
[Amended 11-3-2004 by Res. No. 547-2004]
Each agency shall accept requests for public
access to records and produce records during all hours it is regularly
open for business. In agencies which do not have daily regular business
hours, a written procedure shall be established by which a person
may arrange an appointment to inspect and copy records. Such procedure
shall include the name, position, address and telephone number of
the party to be contacted for the purpose of making an appointment.
[Amended 11-3-2004 by Res. No. 547-2004; 5-1-2007 by Res. No. 248-2007]
A.
A written request shall be required, but oral requests
may be accepted by an agency when records are readily available, as
determined by the agency. If an agency has reasonable means available,
it shall accept requests for records submitted in the form of electronic
mail.
B.
A response shall be given regarding nay request reasonably
describing the record or records sought within five business days
of receipt of the request. If an agency has reasonable means available,
it shall respond to requests for records submitted in the form of
electronic mail by electronic mail, provided that the requests do
not seek a response in some other form.
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 acknowledgement of
receipt of the request and a statement of the approximate date, which
date must be reasonable under the circumstances of the request, when
the request will be granted or denied. If an agency determines to
grant a request in whole or in part, and if circumstances prevent
disclosure to the person requesting the record or records within 20
business days from the date of the acknowledgement of the receipt
of the request, the agency shall state, in writing, both the reason
for the inability to grant the request within 20 business days and
add a date certain within a reasonable period, depending on the circumstances,
when the request will be granted in whole or in part.
A.
Each agency, to prevent an unwarranted invasion of
personal privacy, shall delete from records to be made available such
details as may be required pursuant to § 89 of the New York
Public Officers Law, or as such law may be amended. An unwarranted
invasion of personal privacy includes, but shall not be limited to:
[Amended 11-3-2004 by Res. No. 547-2004]
(1)
Disclosure of such personal matters as may have been
reported in confidence to an agency and which is not relevant or essential
to the ordinary work of the agency.
(2)
Disclosure of employment, medical or credit histories
or personal references of applicants for employment, except that such
records may be disclosed when the applicant has provided a written
release permitting such disclosure.
(3)
Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility.
(4)
The sale or release of lists of names and addresses
in the possession of any agency if such lists would be used for private,
commercial or fund-raising purposes.
(5)
Disclosure of items of a personal nature when disclosure
would result in economic or personal hardship to the subject party
and such records are not relevant or essential to the ordinary work
of the agency.
B.
In the event that one or more deletions are so made
from any record, the agency shall provide notice of the fact to the
person given access to the record. If the record is such that the
personal matters cannot be fully deleted without substantively affecting
the record or the identifying details cannot be effectively deleted,
the agency shall deny access to such record.
[Amended 11-3-2004 by Res. No. 547-2004]
These rules shall not apply to records or portions
thereof that are outlined and as prescribed in § 87(2) of
the New York State Freedom of Information Law.
[Amended 11-3-2004 by Res. No. 547-2004]
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 individual established to hear appeals.
B.
If the records are not provided promptly, as required in § 329-11D of these regulations, such failure shall also be deemed a denial of access.
C.
The following persons shall hear appeals for denial
of access to records under the Freedom of Information Law:
(1)
With respect to records of, or under the control of,
the Legislature, appeals shall be directed to the Vice Chairperson
of the Legislature.
(2)
With respect to records of, or under the control of,
the Office of the District Attorney, appeals shall be directed to
the Chief Assistant District Attorney.
(3)
With respect and reference to all other records, appeals
shall be directed to the Records Access Appeals Officer in the Office
of the County Executive.
D.
Any party denied access to a record or records may
appeal such denial, in writing, to the person designated herein to
hear said appeal, within 30 days after such denial. If said designated
person further denies such access, his/her reasons therefor shall
be explained, in writing, within 10 business days and a copy mailed
to the party denied access.
E.
The individual designated to hear appeals shall inform
the requester of his/her decision, in writing, within 10 business
days of receipt of the appeal. A failure to determine the appeal within
10 business days shall constitute a denial of the appeal.
[Amended 5-1-2007 by Res. No. 248-2007]
F.
A person denied access to a record in an appeal determination
under this section may bring a proceeding for review of such denial
pursuant to Article 78 of the Civil Practice Law and Rules. In the
event that access to any record is denied pursuant to the provisions
of § 87(2) of the Public Officers Law, the agency involved
shall have the burden of proving that such record falls within the
provisions of such § 87(2).
[Added 5-1-2007 by Res. No. 248-2007]
G.
The court in such a proceeding may access, against
such agency involved, reasonable attorney’s fees and other litigation
costs reasonably incurred by such person in any case under the provisions
of this section in which such person has substantially prevailed,
when:
[Added 5-1-2007 by Res. No. 248-2007[1]]
H.
The person or body designated to determine appeals
shall transmit to the Committee on Open Government copies of all appeals
upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, New York 12231
|
I.
The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth Subsection H of this section.
B.
Nothing herein contained shall give any person the
right to remove a record from supervision and control of the agency,
nor shall these rules give any person the right to examine the books,
papers and records of the Probation Department, the County Attorney's
Office, the District Attorney's Office or any other law enforcement
agency of the County of Rockland or any agency thereof relating to
criminal investigations and confidential records.
[Amended 11-3-2004 by Res. No. 547-2004]
A.
Except when a different fee is otherwise prescribed
by statute, there shall be no fee charged for the following:
[Amended 11-3-2004 by Res. No. 547-2004; 5-1-2007 by Res. No. 248-2007]
B.
An agency shall charge a fee for copies of records,
provided that:
(1)
The fee for copying records shall not exceed $0.25
per page for photocopies not exceeding nine inches by 14 inches.
[Amended 11-3-2004 by Res. No. 547-2004]
(2)
In agencies which do not have photocopying equipment,
a transcript of the requested records shall be made upon request.
Such transcripts may either be typed or handwritten. In such cases,
the requester may be charged for the clerical time involved in making
the transcript.
A.
The records access officer is to refer to the Freedom
of Information Law (Public Officers Law § 84 et seq.) in
making a determination of what records are to be released.
B.
The public policy of the State of New York is that
all records maintained by County government should be made available
for public inspection, unless exempt from disclosure for specific
reasons. Any question concerning the release of records may be referred
to the Department of Law for guidance in making a determination to
release any requested information.
[Amended 11-3-2004 by Res. No. 547-2004]