2006 New York Code - Access To Agency Records.



 
    § 87. Access  to  agency  records.  1. (a) Within sixty days after the
  effective date of this  article,  the  governing  body  of  each  public
  corporation  shall  promulgate  uniform  rules  and  regulations for all
  agencies in such public corporation pursuant to such general  rules  and
  regulations as may be promulgated by the committee on open government in
  conformity  with  the  provisions  of  this  article,  pertaining to the
  administration of this article.
    (b) Each agency shall promulgate rules and regulations, in  conformity
  with  this  article  and  applicable  rules  and regulations promulgated
  pursuant to the provisions of paragraph (a)  of  this  subdivision,  and
  pursuant  to such general rules and regulations as may be promulgated by
  the committee on open government in conformity with  the  provisions  of
  this  article,  pertaining to the availability of records and procedures
  to be followed, including, but not limited to:
    i. the times and places such records are available;
    ii. the persons from whom such records may be obtained, and
    iii. the fees for copies of records which shall not exceed twenty-five
  cents per photocopy not in excess of nine inches by fourteen inches,  or
  the actual cost of reproducing any other record, except when a different
  fee is otherwise prescribed by statute.
    2.  Each  agency  shall,  in accordance with its published rules, make
  available for public inspection and copying  all  records,  except  that
  such agency may deny access to records or portions thereof that:
    (a)  are  specifically  exempted  from  disclosure by state or federal
  statute;
    (b) if disclosed would constitute an unwarranted invasion of  personal
  privacy  under  the provisions of subdivision two of section eighty-nine
  of this article;
    (c) if disclosed would impair present or imminent contract  awards  or
  collective bargaining negotiations;
    (d)  are  trade  secrets or are submitted to an agency by a commercial
  enterprise or  derived  from  information  obtained  from  a  commercial
  enterprise  and which if disclosed would cause substantial injury to the
  competitive position of the subject enterprise;
    (e) are compiled for law enforcement purposes and which, if disclosed,
  would:
    i.  interfere  with  law  enforcement   investigations   or   judicial
  proceedings;
    ii.  deprive  a  person  of  a  right  to  a  fair  trial or impartial
  adjudication;
    iii.  identify  a  confidential  source   or   disclose   confidential
  information relating to a criminal investigation; or
    iv.  reveal  criminal  investigative  techniques or procedures, except
  routine techniques and procedures;
    (f) if disclosed could endanger the life or safety of any person;
    (g) are inter-agency or intra-agency materials which are not:
    i. statistical or factual tabulations or data;
    ii. instructions to staff that affect the public;
    iii. final agency policy or determinations;
    iv. external audits, including but not limited to audits performed  by
  the comptroller and the federal government; or
    (h)  are examination questions or answers which are requested prior to
  the final administration of such questions.
    (i) if disclosed, would jeopardize an agency's capacity  to  guarantee
  the   security   of  its  information  technology  assets,  such  assets
  encompassing both electronic information systems and infrastructures; or
    * (j) are photographs, microphotographs, videotape or  other  recorded
  images  prepared  under  authority of section eleven hundred eleven-a of
  the vehicle and traffic law.
    * NB Repealed December 1, 2009
    3. Each agency shall maintain:
    (a)  a  record  of  the  final  vote  of  each  member in every agency
  proceeding in which the member votes;
    (b) a record setting forth the name, public office address, title  and
  salary of every officer or employee of the agency; and
    (c)  a  reasonably  detailed  current  list  by subject matter, of all
  records in the possession of the agency, whether or not available  under
  this article.
    4.  (a)  Each  state  agency  which maintains records containing trade
  secrets, to which access may be denied  pursuant  to  paragraph  (d)  of
  subdivision  two  of  this  section,  shall  promulgate  regulations  in
  conformity  with  the  provisions  of  subdivision   five   of   section
  eighty-nine  of  this article pertaining to such records, including, but
  not limited to the following:
    (1) the manner of identifying the records or parts;
    (2) the manner of identifying  persons  within  the  agency  to  whose
  custody  the  records  or parts will be charged and for whose inspection
  and study the records will be made available;
    (3) the manner of safeguarding against any unauthorized access to  the
  records.
    (b)  As  used  in this subdivision the term "agency" or "state agency"
  means only a state  department,  board,  bureau,  division,  council  or
  office  and  any  public  corporation  the majority of whose members are
  appointed by the governor.

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