[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:
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.
The Town Supervisor and any of his assistants designated
by him to perform any or all of the functions hereunder.
An itemized record setting forth the name, department, title
and salary of every officer and employee of the Town of Binghamton.
The Town Clerk as hereinbefore defined.
Any file, memorandum, document or other writing constituting:
Final opinions and orders made in the adjudication
of cases.
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.
Minutes of public hearings held by the Town
of Binghamton.
Internal or external audits and statistical
or factual tabulations made by or for the Town of Binghamton.
Administrative staff manuals and instructions
to staff that affect members of the public.
The payroll record.
Any other files, records, papers or documents
required by any provision of law to be made available for public inspection.
The elected Town Clerk and any of her assistants designated
by her to perform any or all of the functions hereunder.
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.
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.Â
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)Â
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:
(2)Â
If the Clerk determines that the record requested
is in the custody of the Town of Binghamton, the Clerk shall:
B.Â
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.Â
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.Â
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]
