Town of Binghamton, NY
Broome County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Binghamton 9-7-1976 by L.L. No. 8-1976 as Ch. 17A of the 1969 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Records retention and disposition — See Ch. 57.
The purpose of this chapter is to set forth the methods and procedures governing the availability, location and nature of those records of the Town of Binghamton subject to the provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law."
For the purposes of this chapter, the following terms shall have the meanings indicated:
ATTORNEY FOR THE TOWN
The attorney selected by the Town Board of the Town of Binghamton and any of his assistants designated by him to perform any or all of the functions hereunder.
FISCAL OFFICER
The Town Supervisor and any of his assistants designated by him to perform any or all of the functions hereunder.
PAYROLL RECORD
An itemized record setting forth the name, department, title and salary of every officer and employee of the Town of Binghamton.
RECORDS ACCESS OFFICER
The Town Clerk as hereinbefore defined.
RECORDS or RECORD
Any file, memorandum, document or other writing constituting:
A. 
Final opinions and orders made in the adjudication of cases.
B. 
Statements of policy and interpretations which have been adopted by the Town of Binghamton and any statistical or factual tabulations which led to the formulation thereof.
C. 
Minutes of public hearings held by the Town of Binghamton.
D. 
Internal or external audits and statistical or factual tabulations made by or for the Town of Binghamton.
E. 
Administrative staff manuals and instructions to staff that affect members of the public.
F. 
The payroll record.
G. 
Any other files, records, papers or documents required by any provision of law to be made available for public inspection.
TOWN CLERK
The elected Town Clerk and any of her assistants designated by her to perform any or all of the functions hereunder.
TOWN OF BINGHAMTON
The Town of Binghamton, a municipal corporation exercising all of the rights, privileges, functions and powers conferred upon it by the New York State Town Law and any other applicable statute not inconsistent with such Town Law.
WORKDAY
Any day except Saturday, Sunday, a public holiday or a day on which the Town of Binghamton is otherwise closed for general business.
[Amended 6-17-2014 by L.L. No. 8-2014]
A. 
The Town Clerk shall be designated as the records access officer. Any person wishing to inspect and/or obtain a copy of any records of the Town of Binghamton as hereinafter set forth, other than a payroll record, may make application to the Clerk. Such application shall be in writing on a form to be prescribed by the Clerk. Blank forms may be obtained from the Clerk, either personally on any workday at the office of the Clerk at the Town Hall at 279 Park Avenue, Town of Binghamton, New York, or by mail addressed to such office. Completed forms may be submitted to the Clerk, either personally at such office on any workday between the hours of 9:00 a.m. and 5:00 p.m., or by mail addressed to such office or to such other office as the Clerk may specify on the application form. Upon receipt of such an application in the proper form and at the appropriate time, the Clerk shall search for the record requested.
(1) 
If the Clerk determines that the record requested is not in the custody of the Town of Binghamton, the Clerk shall so advise the applicant as follows, as the case may be:
(a) 
That the record does not exist.
(b) 
That the record is in the custody of another specified agency.
(c) 
That the record was in his custody but has been lost.
(2) 
If the Clerk determines that the record requested is in the custody of the Town of Binghamton, the Clerk shall:
(a) 
Produce the record for inspection at his office and, if so requested and upon payment of the appropriate fee, shall make a copy of the record.
(b) 
Advise the applicant that the record is available and make arrangements for inspection and/or copying at a later time; or
(c) 
Deny access to the record as provided in § 169-7 of this chapter.
B. 
The Town Supervisor shall be the custodian of the payroll record of the Town of Binghamton. Any bona fide member of the news media wishing to inspect and/or obtain a copy of such payroll record may make application to said fiscal officer in writing on forms prescribed by the said officer. Application to inspect and/or obtain a copy of such payroll record shall be made to said fiscal officer by the member, personally, on any workday during regular working hours at the office of the Town Supervisor at the Town Hall at 279 Park Avenue, Binghamton, New York, or such other place as he may direct. Upon receipt of such an application in the proper form and at the appropriate time and upon production by such member of appropriate identification, the fiscal officer shall search for and produce for inspection the payroll record. If the member requests a copy of such payroll record, the fiscal officer shall provide him with one.
[Amended 4-15-2003 by L.L. No. 1-2003]
On behalf of the Town of Binghamton, the Clerk shall maintain and make available for inspection and copying at his office a current list, reasonably detailed by subject matter, of the types of records produced, filed or first kept in the Town of Binghamton on and after September 1, 1974. Such list shall be in conformity with such regulations as may be promulgated by the Committee on Open Government. Any person desiring a copy of such list may request a copy thereof, personally or by mail, and one shall be supplied to him.
[Amended 4-15-2003 by L.L. No. 1-2003]
The fee for photocopies of records shall be $0.25 per page for photocopies not exceeding nine inches by 14 inches.
[Amended 4-15-2003 by L.L. No. 1-2003]
In accordance with the provisions of Subdivision 2 of § 87 of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Open Government regarding the prevention of unwarranted invasions of personal privacy, the Clerk may delete from any record identifying details the disclosure of which would result in an unwarranted invasion of personal privacy prior to making such record available for inspection and/or copying. In the event that one or more deletion is so made from any document, the Clerk shall provide written notice of that 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 Clerk shall deny access to such record as provided in § 169-7 of this chapter.
[Amended 4-15-2003 by L.L. No. 1-2003]
If the Clerk determines that an application to inspect and/or copy records pertains to information required to be disclosed under Article 6 of the Public Officers Law and not exempt from disclosure as an unwarranted invasion of personal privacy or otherwise, he shall grant the application. If the Clerk determines that an application to inspect and/or copy records pertains to other information not exempt from disclosure as an unwarranted invasion of privacy or otherwise, he shall grant the application unless he determines that to do so would adversely affect the public interest. If the Clerk determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure by Subdivision 2 of § 87 of such law, he shall deny such application. In denying any application to inspect and/or copy records the Clerk shall indicate his reason for such denial and shall advise the applicant of his right to appeal such denial to the Town Board.
A. 
Any person whose application to inspect and/or copy records has been denied pursuant to § 169-7 of this chapter may appeal such denial to the Town Board. Such appeal must be in writing and must set forth the name and address of the applicant, the specific record(s) requested, the date of the denial and the reasons given for such denial. The Town Board shall, upon receipt of a written appeal, immediately review the matter and affirm, modify or reverse the denial.
B. 
If the Town Board affirms or modifies the denial, it shall, within 10 days of receipt of the appeal:
[Amended 4-15-2003 by L.L. No. 1-2003]
(1) 
Communicate its reasons for such affirmation or modification to the person making the appeal.
(2) 
Inform such person of his right to appeal such affirmation or modification under Article 78 of the Civil Practice Law and Rules.