FOIL Submission Audit: Town of Penfield (High Friction / Mandatory Disclosure)
→ This post is part of the Monroe County FOIL Submission Audit.
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TL;DR
The Town of Penfield provides extensive FOIL guidance, statutory timelines, fee explanations, and appeal rights. However, FOIL submission through the Town’s online system requires mandatory disclosure of personal information, requester affiliation, intended use, fee limits, and purpose certifications that are not required by FOIL.
The result is a high-friction, disclosure-heavy submission process that places a substantial burden on requesters at intake.
How FOIL Requests Are Submitted in the Town of Penfield
Penfield instructs requesters to submit FOIL requests by:
- Completing an online FOIL request form, or
- Submitting a request in person at the Town Clerk’s Office
The Town states that electronic requests will be acknowledged within five (5) business days.
While in-person submission is referenced, the webpage strongly directs users to the online submission form, which is the most fully documented pathway.
Records Access Officer and Appeals (Strength)
The Town identifies the Town Clerk’s Office as responsible for FOIL requests and provides:
- Phone contact for assistance
- Appeal rights and a 30-day appeal window
- Instructions for submitting appeals
This satisfies core FOIL accountability requirements.
Online FOIL Submission Requirements
Penfield’s online FOIL submission form requires completion of all required fields before submission and explicitly states:
“To make a successful request, complete each required field then click the SUBMIT button.”
Required fields include:
Mandatory Personal Identifying Information
- First and last name
- Email address
- Mailing address
- City, ZIP code
- Phone number
Mandatory Request Classification
- Department(s) holding records (multi-select)
- Short title of requested records
- Detailed description of records sought
- Requested response format
Mandatory Fee and Purpose Disclosures
- Fee limit ($)
- Reason for request (must select one):
- Personal use
- Educational / scientific
- News media
- Commercial (business)
- Non-commercial business
- Solicitation / fundraising disclosure (must select yes or no)
⚠️ High Friction Identified
Submission is conditioned on disclosure of identity, affiliation, intended use, and purpose—none of which are required by FOIL to submit a valid request.
Purpose and Use Declarations
The Penfield form requires the requester to:
- Declare the reason for the request, and
- Certify whether the records will or will not be used for solicitation or fundraising
FOIL does not require requesters to disclose their purpose or intended use as a condition of submission. These fields create mandatory gatekeeping disclosures at intake.
Fee Structure and Fee Limit Requirement
Penfield’s FOIL guidance includes extensive detail on allowable fees and cost recovery, including employee time after two hours.
However, the online form requires entry of a fee limit and states that if no limit is provided, the Town will assume willingness to pay all incurred fees.
This places the burden of fee negotiation before the request is even accepted.
Anonymous or Low-Disclosure Submission
As presented, Penfield’s online FOIL system does not support anonymous or low-disclosure submission:
- Name, address, phone, and email are required
- Requester affiliation and purpose are mandatory
- Submission cannot proceed without full disclosure
While in-person submission is mentioned, no guidance is provided for submitting a FOIL request without completing the same disclosures.
Assessment
The Town of Penfield demonstrates thorough FOIL process documentation but imposes one of the most disclosure-heavy submission models reviewed in the audit.
Key findings include:
- Mandatory personal identifying information
- Required purpose and affiliation disclosures
- Required solicitation/fundraising certification
- Mandatory fee limit declaration
- Department-level routing at submission
- Clear timelines, fees, and appeal rights
Summary Scorecard
- FOIL form required: Yes
- Online submission available: Yes
- In-person submission mentioned: Yes
- Personal information required: Yes
- Purpose / affiliation disclosure required: Yes
- Solicitation/fundraising certification required: Yes
- Fee limit required: Yes
- Anonymous submission clearly supported: No
- Overall assessment: High Friction – Mandatory Disclosure
Conclusion
As presented, the Town of Penfield conditions FOIL submission on extensive personal, organizational, financial, and purpose-based disclosures that FOIL does not require. While the Town provides detailed procedural transparency after submission, the intake process itself creates significant barriers to access.
Within the Monroe County FOIL Submission Audit, Penfield represents a high-friction FOIL submission model characterized by mandatory disclosure and pre-classification of requesters.
Legal & Reference Notes
- New York Public Officers Law §§ 87–89
- Town of Penfield FOIL webpage
- Town of Penfield Online FOIL Submission Form