Are Monroe County Records Public?

Monroe County records are public records per Article 6 (Sections 84-90) of the New York Freedom of Information Law (FOIL). The basis for the access provided is the public’s right to understand how the government makes decisions and to examine the information and data that support those decisions.

According to the FOIL, Documents that can be accessed include any physical material that is kept, held, filed, produced, or reproduced by an agency, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photographs, letters, microfilms, computer tapes or discs. These documents encompass Monroe County court records, property records, vital records, criminal and statistical information, and related filings.

Monroe County public records are made public so that citizens can use them to:

• Gather information and statistics for advocacy
• Investigate and expose problems in government
• Develop public policies
• Prepare lawsuits
• Force disclosure of documents and data by public agencies

What is Exempted Under the New York Public Records Act?

The main aim of the Freedom of Information Act in Monroe County is to promote transparency between the community in the county and government agencies. Citizens can use accurate data from government records to gain confidence in government processes and sometimes hold government organizations accountable. However, the act also restricts access to specific groups of records. Under the law, all records are accessible except records or portions of records that fall within one of nine categories of exempted records as stated in section 87(2) of the Public Officers Law. These records are removed from public access by FOIL or state laws. These groups of records are exempted because:

• They contain sensitive or personal information,
• Their release may lead to a breach of public safety.
• Release of these records will interfere with contract negotiations or union negotiations.
• The records will interfere with a judicial process or investigation.
• The records will deprive a person of a fair and impartial trial.

Some real-life examples of exempted records include:

• Medical documentation.
• Personal data from records of government employees.
• Information shielded by the lawyer-client privilege.
• Investigatory records or records that reveal policing techniques.

Monroe County Public Records Search

The first step individuals need to take to perform a Monroe County public record search is to figure out what type of public record they want. Individuals must decide what kind of public records will answer their questions. Under the FOIL, agencies do not have to create new records to respond to requests. Hence, the key is for individuals to research the information that an agency might already have that will answer their questions or serve their needs. Some of the records that are frequently requested include:

• Audit assessments.
• Database and spreadsheets.
• Agency logs.
• Audits and assessments.

The next step for individuals is to determine what agency holds the records they want. Each government unit in Monroe County runs its FOIL operation. For example, persons requesting court records must contact the Monroe County court clerk who serves as the records guardian.

To submit a request, individuals must complete an online records request form or make a written request describing the needed records. The written request should describe the records with as many details as possible. The request should also provide a date range and background information to help the agency locate the documents. The request form can be submitted to the Records Access Officer for the County of Monroe, Communications Department at the following location:

04 County Office Building,
39 West Main St.,
Rochester, NY 14614
Tel:(585) 753-1080.
Fax: (585) 753-1068
E-mail:communications@monroecounty.gov.

Individuals can also submit the request directly to the agency's public information officer or records department that maintains the wanted records.

Requesters should note, however, that:

• Individuals who want to make multiple requests from the same agency must split the requests into smaller, more manageable pieces.
• Every request carries a fee that must be paid before the search process begins.
• Every request ought to be "specific and focused" to facilitate a timely response and the creation of responsive records. Complex requests with many subparts may never be answered or may remain on desks for longer before being addressed.

Find Public Records For Free in Monroe County

Individuals can request free public records from any Monroe County custodian agency. Agencies in Monroe County may waive public record fees voluntarily if they believe it is in the interest of the general public. However, the law does not require these agencies to provide records for free. Individuals can also avoid paying fees by requesting records in electronic format and having them delivered by Email.

Another helpful option for obtaining public records for free is through third-party web pages. Third-party websites are online web portals owned by independent companies. These companies collect and collate public records from government sources and curate them on a searchable online platform. These platforms can be searched using the names on the public records and the dates when these records were created. Persons who use these sites should also carefully compare information found on them with those from official sources to ensure accuracy.

How to Remove Information From Public Records Free

Anyone can apply to remove information from records through the Monroe County clerk's office or by sending a request directly to the agency that is the records custodian. For the removal request to succeed, the document or data must be part of those exempted from public disclosure under state laws. If not, individuals can file a petition and prove before a court that the public records constitute an invasion of privacy or will jeopardize public safety under the FOIL.

Who Can Access Monroe County Public Records in New York?

In New York, anyone can seek public records. Section 84 of the Freedom of Information Law states that there are no general restrictions on who may request these records. The New York state legislature affirms that government is the public's business and that the public, individually and collectively represented by a free press, can access the government's records per the law.

What Happens if I Am Refused a Public Records Request?

While most records are free in Monroe County, an agency may decide to deny public records for some of the following reasons:

• The agency claims that the requested record is not in its control.
• The requested records are not accurately described, or the information on the request form is insufficient to search for them.
• The requested records are exempted from public disclosure under state law or county regulations.
• The records requested are under legal dispute to determine if they should be made public.

If an agency denies a request in Monroe County, they have 30 days to file an appeal at the same agency. The agency has a FOIL agent who has the authority to respond to appeals. Requesters can also appeal if the agency does not reply within the deadline provided for responses. Failure to answer is the same as denial under FOIL laws.

Individuals not receiving a positive response after an appeal can go to court to force the agency to provide the records. This type of lawsuit is called an Article 78 petition. Individuals have 120 days to file the lawsuit, counting from the day the appeal was denied.