[HISTORY: Adopted by the Town Board of the Town of Henrietta as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-20-2001 by L.L. No. 3-2001]
This article may be known and cited as the "Public Access to Records Law for the Town of Henrietta."
A. 
The people's right to know the process of government decision making 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. 
These regulations provide information concerning the procedures by which records may be obtained.
C. 
Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
A. 
Per New York Law, the Henrietta Town Board is responsible for ensuring compliance with regulations relating to records access, including designating one or more records access officers. Accordingly, the following are hereby designated as records access officers:
[Amended 12-6-2017 by L.L. No. 10-2017]
(1) 
The Town Clerk; and
(2) 
At least one Deputy Town Clerk, such deputy/deputies to be more specifically designated by resolution.
B. 
The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the records access officer 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. 
Records access officers shall ensure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records in whole or in part and explain, in writing, the reasons therefor.
(4) 
Upon request for copies of records:
(a) 
Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 212-9B; or
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The Town of Henrietta is not the custodian for such records; or
(b) 
The records of which the Town of Henrietta is a custodian cannot be found after a diligent search.
Records shall be available for public inspection and copying at the Town Clerk's office, 475 Calkins Road, Henrietta, New York, 14467.
Records shall be available for inspection during regular business hours as established by the Town Clerk.
[Amended 2-18-2015 by L.L. No. 1-2015]
A. 
A written request is required.
B. 
A request shall reasonably describe the records sought. Wherever reasonably possible, the request shall identify relevant dates, file designations, or any other information that may assist in responding to the request.
C. 
If records are maintained on the internet, the requester shall be informed that the records are accessible via the internet and in printed form either on paper or other information storage medium.
D. 
Time frame for response.
(1) 
A response shall be given within five business days of receipt of a request by:
(a) 
Informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described;
(b) 
Granting or denying access to records in whole or in part;
(c) 
Acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than 20 business days after the date of the acknowledgment; or if it is known that circumstances prevent disclosure within 20 business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part; or
(d) 
If the receipt of request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within 20 business days of such acknowledgment, but circumstances prevent disclosure within that time, providing a statement in writing within 20 business days of such acknowledgment specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part.
(2) 
In determining a reasonable time for granting or denying a request under the circumstances of a request, personnel shall consider the volume of a request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed, the number of requests received by the Town, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time.
A. 
The records access officer shall maintain a reasonable, detailed current list by subject matter of all records in his/her possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
C. 
The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
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 or body established to hear appeals.
B. 
If requested records are not provided promptly, as required in § 212-6D of this article, such failure shall also be deemed a denial of access.
C. 
The Town Supervisor shall hear appeals for denial of access to records under the Freedom of Information Law.
D. 
Any person denied access to records may appeal within 30 days of denial. The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:
[Amended 2-18-2015 by L.L. No. 1-2015]
(1) 
The date of the appeal.
(2) 
The date and location of the requests for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 212-6D.
(5) 
The name and address of the requester.
E. 
The individual or body designated to hear appeals shall inform the requester of his/her or its decision in writing within 10 business days of receipt of an appeal.
F. 
The person or body designated to hear appeals shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of appeals. Such copies should be addressed to:
Committee on Public Access to Records
Department of State
State Street
Albany, New York 12231
G. 
The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of his/her or its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F.
[Amended 2-18-2015 by L.L. No. 1-2015]
A. 
There shall be no fees charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this article.
B. 
Fees for photocopies.
(1) 
The fee for copies not exceeding nine inches by 14 inches made on the Town Clerk's copy machine is $0.25 per page.
(2) 
The fee for copies of records other than photocopies which are nine by 14 inches or less in size shall be the actual copying cost excluding fixed agency costs, such as salaries.
C. 
The Town has the authority to redact portions of a record prior to making a copy of such record, in accordance with New York law.
D. 
The Town may charge a fee for a copy of any other record, based upon the actual cost of reproduction, and may include the following:
(1) 
An amount equal to the hourly salary attributed to the lowest paid employee who has the necessary skill to prepare a copy of the requested record, but only when more than two hours of the employee’s time are necessary; and
(2) 
The actual cost of storage devices or media provided to the person making the request; and
(3) 
The actual cost to the Town of engaging an outside professional service to respond to a request, but only when the Town’s equipment is inadequate to respond, and only when such service is used to prepare the copy.
E. 
When the Town has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from nonelectronic records, the Town shall be required to retrieve or extract such record or data electronically. In such case, the Town may charge a fee in accordance with Subsection D(1) and (2) above.
F. 
The Town shall inform a person requesting a record of the estimated cost of preparing a copy of the record if more than two hours of a Town employee’s time are needed, or if it is necessary to retain an outside professional service to prepare a copy of the record.
G. 
The Town may require that the fee for copying or reproducing a record be paid in advance of the preparation of such copy.
A notice containing the title or name and business address of the records access officer and appeals person or body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept or published in a local newspaper of general circulation.
[In accordance with Arts and Cultural Affairs Law Article 57-A, the Town has adopted Records Retention and Disposition Schedule MU-1, which contains legal minimum retention periods for municipal government records. A copy of said schedule is on file in the Town offices. In accordance with Article 57-A, only those records will be disposed of that are described in records retention and disposition Schedule MU-1 after they have met the minimum retention period prescribed therein. Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods.]