§ 2-6. Access to records; fees.

A. 

The Freedom of Information Law, a New York State statute enacted by Chapters 578, 579 and 580 of the Laws of 1974, endows the people with the authority to inspect and receive copies of certain records possessed by local governments. As a consequence, the Town Clerk and department heads who have custody of official Town of Brookhaven records shall make available for public inspection:

(1) 

Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases, for example:

(a) 

The final administrative decision in a disciplinary proceeding against an employee.

(b) 

A final decision of the Board of Appeals in deciding an appeal from a Building Department decision.

(2) 

Statements of policy and interpretations which have been adopted by the Town and any statistical or factual tabulations which led to the formulation of the policy.

(3) 

Minutes of meetings of the Town Board and of any public hearings.

(4) 

Internal or external audits made by or for the Town.

(5) 

Administrative staff manuals and instructions to staff that affect members of the public.

(6) 

An itemized record setting forth the name, address, title and salary of every officer or employee, compiled by the fiscal officer charged with preparing payrolls. Such records shall be made available for inspection to bona fide members of the news media upon written notice, on Form AC375, a copy of which is attached, in the office of the Town Comptroller during regular working hours.

Editor's Note: A copy of this form is on file in the office of the Town Clerk.

Editor's Note: See Public Officers Law § 84 et seq.

B. 

All books of minutes, entry or account and the books, bills, vouchers, checks, contracts or other papers connected with or used or filed in the office of or with any officer, board or commission acting for or on behalf of any town are declared to be public records and shall be open, subject to reasonable regulations to be prescribed by the officer having custody thereof, to the inspection of any taxpayer.

C. 

All department heads who have custody of official Town records shall prepare, maintain and make available for public inspection current lists, reasonably detailed by subject matter, of such records.

D. 

The law requires that each agency include in its regulations the persons from whom such records may be obtained. To identify such persons, department heads or their designees shall act as records access officers. Such officers shall ensure:

(1) 

Public accessibility to records under the law during normal working hours.

(2) 

Submission of application for public access to records, a copy of which is attached to this directive.

Editor's Note: A copy of this form is on file in the office of the Town Clerk.

(3) 

That fees according to the following schedule shall be paid by the public when the Town of Brookhaven makes copies of records upon request:

(a) 

Copies of records up to 8 1/2 inches by 14 inches: $0.50 per copy.

(b) 

Searching fees. In the event that the request for public records does not indicate such public records in the manner in which such records are maintained in accordance with the law and searching of subsidiary records is required in order to produce such public records, the fee for each search to produce each public record will be $1 per record.