[HISTORY: Adopted by the Town Board of the
Town of Brighton at time of adoption of Code 1-24-1996 by L.L. No.
1-1996; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
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.
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 (§ 84
et seq. of the Public Officers Law), as well as records otherwise
available by law.
D.
The following records, pursuant to town and state
law, are not accessible to the public.
(1)
Those which are specifically exempted from disclosure
by state or federal statute.
(2)
Those which, if disclosed, would constitute an unwarranted
invasion of personal privacy under the provisions of Subdivision 2
of § 89 of the Public Officers Law.
(3)
Those which, if disclosed, would impair present or
imminent contract awards or collective bargaining negotiations.
(4)
Those which 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)
Those which 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)
Those which, if disclosed, would endanger the life
or safety of any person.
(7)
Those which are interagency or intra-agency materials
which:
(8)
Those which are examination questions or answers which
are requested prior to the final administration of such questions;
or
(9)
Those which are computer access codes.
E.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
A.
The Town Board of the Town of Brighton is responsible
for ensuring compliance with the regulations herein and designates
the following persons as records access officers:
|
Town Clerk
2300 Elmwood Avenue
Rochester, New York 14618
|
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. 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.
(4)
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 136-8.
(5)
Upon request, certify that a record is a true copy.
Records shall be available for public inspection
and copying at the office of the Town Clerk, 2300 Elmwood Avenue,
Rochester, New York 14618.
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are 9:00 a.m. until 4:00 p.m.
A.
A written request is required.
B.
A response shall be given regarding any request reasonably
describing the record or records sought within five (5) business days
of receipt of the request.
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 (5) business days of
receipt of a request, he or she shall furnish a written acknowledgment
of receipt of the request and a statement of the approximate date
when the request will be granted or denied. If access to records is
neither granted nor denied within ten (10) business days after the
date of acknowledgment of receipt of a request, such failure may be
construed as a denial of access that may be appealed.
A.
The records access officer shall maintain a reasonably
detailed current list by subject matter of all records in its 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 § 136-5D of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear
appeals for denials of access to records under the Freedom of Information
Law (Article 6 of the Public Officers Law):
[Amended 4-27-2022 by L.L. No. 5-2022]
|
Town Supervisor of the Town of Brighton
2300 Elmwood Avenue
Rochester, New York 14618
(585) 784-5250
|
D.
The time for deciding an appeal by the individual
or body designated to hear appeals shall commence upon receipt of
written appeal identifying;
(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 in § 91-5D.
(5)
The name and return address of the requester.
E.
The individual or body designated to hear appeals
shall inform the requester of its decision in writing within ten (10)
business days of receipt of an appeal.
F.
The person or body designated to hear 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
|
|
162 Washington Avenue
|
|
Albany, New York 12231
|
G.
The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination, in writing, within ten (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 in Subsection F of this section.
A notice containing the title or name and business
address of the records access officers 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 and/or published
in a local newspaper of general circulation.
