[Derived from Art. XV of Ch. VI of the Charter and Ordinances, 1974]
A. 
The Common Council hereby finds that a free society is maintained when government is responsive and responsible to the public and when the public is aware of government actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government.
B. 
The Common Council therefore declares that government is the public's business and that the public, individually and collectively, as represented by a free news media, should have access to the records of government as freely as possible.
This article shall be known and may be cited as the "Freedom of Information Ordinance."
As used in this article, the following terms shall have the meanings indicated:
CITY
Includes all departments, agencies, boards, bureaus, commissions or other divisions of the City of Buffalo. The Buffalo Sewer Authority, the Buffalo Municipal Housing Authority and the Buffalo Board of Education may adopt the rules, regulations and procedures set forth herein by filing with the City Clerk a resolution to that effect, and thereupon the term "City" shall also include such Authority or Board.
A. 
The City shall make available for public inspection and copying all records except records or portions thereof which:
(1) 
Are specifically exempted from disclosure by state or federal statute.
(2) 
If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of § 361-18 of this article.
(3) 
If disclosed, would impair present or imminent contract awards or collective bargaining negotiations.
(4) 
Are 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) 
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 trial 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) 
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; or
(c) 
Final agency policy or determinations.
(8) 
Are examination questions or answers which are requested prior to the final administration of such questions.
B. 
In addition, the City shall maintain:
(1) 
A record of the final vote of each member in every City proceeding in which the member votes.
(2) 
A record setting forth the name, public office address, title and salary of every officer or employee of the City.
(3) 
A reasonably detailed current list, by subject matter, of all records in the possession of the City, whether or not available under this Article.
A. 
Records shall be maintained and made available for public inspection and copying on weekdays, other than holidays and Saturdays, during the hours from 8:30 a.m. to 4:30 p.m., except for the period commencing on the first day of July and ending on the first Monday in September of each year, when the hours shall be from 8:30 a.m. to 4:00 p.m.
B. 
In the case of the Department of Treasury, the hours shall be from 9:00 a.m. to 4:00 p.m.
A. 
Each department agency, board, bureau, commission, or other division within the City shall designate one of its officers or employees to act as a records access officer for purposes of complying with this Article.
B. 
Powers and duties.
(1) 
The records access officer shall prepare and keep current a reasonably detailed list of records by subject matter. This list shall be updated not less than every six months, and the date of the most recent updating shall appear on the first page. He shall make such list available for inspection and copying in the main office or other convenient location of each department, agency, board, bureau, commission or other division of the City.
(2) 
In addition, the records access officer shall:
(a) 
Assist the requester in identifying requested records.
(b) 
Search for identifiable records.
(c) 
Upon locating the records, take one of the following actions:
[1] 
Review the records to see if they are accessible under the law and promptly produce the records for inspection;
[2] 
Delete any material not available by law or regulation and promptly produce the remainder of the record; or
[3] 
Deny access to the records.
(d) 
Upon request for copies of records:
[1] 
Calculate the cost and advise the requester of the total cost and produce copies upon payment or offer to pay any fees established pursuant to § 361-20 of this chapter or other provision of law;
[2] 
Permit the requester to make copies at his own expense by means of his own choosing not injurious to the records; or
[3] 
If requested, make pen and paper or similar material available to copy the records.
(e) 
Upon request, certify to the accuracy and completeness of a copy.
(f) 
Upon failure to locate records, certify in writing that:
[1] 
The agency is not the legal custodian of such records;
[2] 
The records of which the agency is a legal custodian cannot be found; or
[3] 
The records do not exist.
(3) 
The records access officer shall respond promptly to all requests to inspect or to copy public records. Except under extraordinary circumstances listed below, his response shall be made no more than five working days after receipt of the request, whether the request is oral or in writing. If, for any of the reasons listed below, more than five days is required to produce records, the records access officer shall acknowledge receipt of the request within five working days after the request is received. The acknowledgment should include a brief explanation of the reason for delay and the date production or denial will be forthcoming. The following are extraordinary circumstances under which more than five days may be required to respond to a request for public records or information:
(a) 
The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under the Freedom of Information Act[1] or other statute.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
(b) 
The requested records involve the responsibility of another agency whose assistance is being sought in processing the request.
(c) 
The requested records are actually presently in use by another party.
(d) 
The requested records have not been located in the course of a routine search and additional efforts are being made to locate them.
(e) 
The request requires the accumulation of a substantial number of specified records and such accumulation will take longer than five days.
(f) 
The requested records are stored at other locations than the office in receipt of the request and more than five days will be required to obtain them.
A. 
In addition to the deletions authorized by § 361-15A, in order to prevent an unwarranted invasion of personal privacy, identifying details may be deleted when certain records are made available. An unwarranted invasion of personal privacy includes but shall not be limited to:
(1) 
Disclosure of employment, medical or credit histories or personal references of applicants for employment.
(2) 
The sale or release of lists of names and addresses if such lists would be used for commercial or fundraising purposes.
(3) 
Disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it.
(4) 
Disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency.
(5) 
Disclosure of items involving the medical or personal records of a client or patient in a medical facility.
B. 
Disclosure shall not be construed to be an unwarranted invasion of personal privacy pursuant to Subsection A of this section:
(1) 
When identifying details are deleted.
(2) 
When the person to whom the record pertains consents in writing to disclosure.
(3) 
When, upon presenting reasonable proof of identity, a person seeks access to records pertaining to him.
A. 
Each denial of access shall be in writing and shall state that the requester has the right to appeal to the Corporation Counsel of the City of Buffalo, 1100 City Hall, 65 Niagara Square, Buffalo, New York 14202.
B. 
The time for deciding an appeal by the Corporation Counsel shall commence upon receipt of written appeal identifying:
(1) 
The date and location of requests for records.
(2) 
The records to which the applicant was denied access.
(3) 
The name and return address of the applicant.
C. 
The Corporation Counsel shall inform the requester of his decision, in writing, within seven business days of receipt of an appeal.
D. 
Such denial shall be subject to review in the manner provided in Article 78 of the Civil Practice Law and Rules.
A. 
Upon a request for copies of a record and unless a different fee is prescribed by ordinance or other provision of law, the records access officer shall charge a fee as provided in Chapter 175, Fees.
B. 
There shall be a charge as provided in Chapter 175, Fees, for certifying to the correctness or authenticity of a record.
C. 
There shall be no charge for the inspection of any record or for certifying that a record cannot be found.
A copy of this Article shall be posted in the main office or other convenient location of each department, agency, board, bureau, commission or other division of the City. A copy shall also be published in a local newspaper of general circulation.