PUBLIC OFFICERS LAW, ARTICLE 6 SECTIONS 84-90 …

1 PUBLIC OFFICERS LAW, ARTICLE 6 SECTIONS 84-90 FREEDOM OF INFORMATION LAW section 84. Legislati ve declaration. 85. Short title. 86. De finitions. 87. Access to agenc y records. 88. Access to state legislati ve records. 89. General pro visions relating to access to records; certain cases. 90. Se verabilit y . 84. Legislati ve declaration. The legislature hereb y finds that a free societ y is maintained when go vernment is responsi ve and responsible to the PUBLIC , and when the PUBLIC is aware o f go vernmental actions. The more open a go vernment is with its citizenry, the greater the understanding and participation o f the PUBLIC in go vernment. As state and local go vernment ser vices increase and PUBLIC problems become more sophisticated and complex and there fore harder to sol ve, and with the resultant increase in re venues and expenditures, it is incumbent upon the state and its localities to extend PUBLIC accountabilit y where ver and whene ver feasible.

2 The people's right to know the process o f go vernmental decision-making and to re view the documents and statistics leading to determinations is basic to our societ y . Access to such in formation should not be thwarted b y shrouding it with the cloak o f secrec y or con fidentialit y . The legislature there fore declares that government is the PUBLIC 's business and that the PUBLIC , indi viduall y and collecti vel y and represented b y a free press, should ha ve access to the records o f go vernment in accordance with the pro visions o f this ARTICLE . 85. Short title. This ARTICLE shall be known and ma y be cited as the "Freedom o f In formation Law." 86. De finitions. As used in this ARTICLE , unless the context requires otherwise.

3 1. "Judiciar y" means the courts o f the state, including an y municipal or district court, whether or not o f record. 2. "State legislature" means the legislature o f the state o f New York, including an y committee, subcommittee, joint committee, select committee, or commission thereo f. 3. "Agenc y" means an y state or municipal department, board, bureau, di vision, commission, committee, PUBLIC authorit y , PUBLIC corporation, council, o f fice or other go vernmental entit y performing a go vernmental or proprietary function for the state or an y one or more municipalities thereo f, except the judiciar y or the state legislature. 4. "Record" means an y in formation kept, held, filed, produced or reproduced b y , with or for an agenc y or the state legislature, in an y ph ysical form whatsoe ver including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms , papers, designs, drawings, maps, photos, letters, micro films, computer tapes or discs, rules, regulations or codes.

4 5. "Critical in frastructure" means s y s tems, assets, places or things, whether ph y sical or v irtual, so vital to the state that the disruption, incapacitation or destruction o f such s y s tems, assets, places or things could jeopardize the health, safe t y , wel fare or securit y o f the state, its residents or its econom y . 87. Access to agenc y records. 1. (a) Within sixt y da y s a fter the e f fecti ve date o f this ARTICLE , the go verning bod y o f each PUBLIC corporation shall promulgate uni form rules and regulations for all agencies in such PUBLIC corporation pursuant to such general rules and regulations as ma y be promulgated b y the committee on open go vernment in con formit y with the pro visions o f this ARTICLE , pertaining to the administration o f this ARTICLE .

5 (b) Each agenc y shall promulgate rules and regulations, in con formit y with this ARTICLE and applicable rules and regulations promulgated pursuant to the pro visions o f paragraph (a) o f this subdi vision, and pursuant to such general rules and regulations as ma y be promulgated b y the committee on open go vernment in con formit y with the pro visions o f this ARTICLE , pertaining to the a vailability o f records and procedures to be followed, including, but not limited to: i. the times and places such records are a vailable; ii. the persons from whom such records ma y be obtained; and iii. the fees for copies o f records which shall not exceed twent y-fi ve cents per photocop y not in excess o f nine inches b y fourteen inches, or the actual cost o f reproducing an y other record, except when a di f ferent fee is otherwise prescribed b y statute.

6 2. Each agenc y shall, in accordance with its published rules, make a vailable for PUBLIC inspection and cop ying all records, except that such agenc y ma y den y access to records or portions thereo f that: (a) are speci ficall y exempted from disclosure b y state or federal statute; (b) i f disclosed would constitute an unwarranted in vasion o f personal pri vac y under the pro visions o f subdi vision two o f section eight y-nine o f this ARTICLE ; (c) i f disclosed would impair present or imminent contract awards or collecti ve bargaining negotiations; (d) are trade secrets or are submitted to an agenc y b y a commercial enterprise or deri ved from in formation obtained from a commercial enterprise and which i f disclosed would cause substantial injury to the competiti ve position o f the subject enterprise; (e) are compiled for law en forcement purposes and which, i f disclosed, would: i.

7 Inter fere with law en forcement in vestigations or judicial proceedings; ii. depri ve a person o f a right to a fair trial or impartial adjudication; iii. identi f y a con fidential source or disclose con fidential in formation relating to a criminal in vestigation; or i v . re veal criminal in vestigati ve techniques or procedures, except routine techniques and procedures; (f) i f disclosed could endanger the li fe or sa fet y o f an y person; (g) are inter-agenc y or intra-agenc y materials which are not: i. statistical or factual tabulations or data; ii. instructions to sta f f that a f fect the PUBLIC ; iii. final agenc y polic y or determinations; or i v . external audits, including but not limited to audits performed b y the comptroller and the federal go vernment; or (h) are examination questions or answers which are requested prior to the final administration o f such questions; (i) i f disclosed, would jeopardize an agenc y s capacit y to guarantee the securit y o f its in formation technolog y assets, such assets encompassing both electronic in formation s y s tems and in frastructures; or (j) are photographs, microphotographs, videotape or other recorded images prepared under authorit y o f section ele ven hundred ele ven-a o f the vehicle and tra f fic law.

8 3. Each agenc y shall maintain: (a) a record o f the final v o te o f each member in e very agenc y proceeding in which the member votes; (b) a record setting forth the name, PUBLIC o f fice address, title and salar y o f ever y o f ficer or emplo yee o f the agenc y ; and (c) a reasonabl y detailed current list b y subject matter, o f all records in the possession o f the agenc y , whether or not a vailable under this ARTICLE . 4. (a) Each state agenc y which maintains records containing trade secrets, to which access ma y be denied pursuant to paragraph (d) o f subdi vision two o f this section , shall promulgate regulations in con formit y with the pro visions o f subdi vision fi ve o f section eight y-nine o f this ARTICLE pertaining to such records, including, but not limited to the following: (1) the manner o f identi f ying the records or parts; (2) the manner o f identi f ying persons within the agenc y to whose custod y the records or parts will be charged and for whose inspection and stud y the records will be made a vailable.

9 (3) the manner o f s a feguarding against an y unauthorized access to the records. (b) As used in this subdi vision the term "agenc y" or "state agenc y" means onl y a state department, board, bureau, di vision, council or o f fice and an y PUBLIC corporation the majorit y o f whose members are appointed b y the go vernor. 88. Access to state legislati ve records. 1. The temporary president o f the senate and the speaker o f the assembl y shall promulgate rules and regulations for their respecti ve houses in con formit y with the pro visions o f this ARTICLE , pertaining to the a vailabilit y , location and nature o f records, including, but not limited to: (a) the times and places such records are a vailable; (b) the persons from whom such records ma y be obtained.

10 (c) the fees for copies o f such records, which shall not exceed twent y-fi ve cents per photocop y not in excess o f nine inches b y f ourteen inches, or the actual cost o f reproducing an y other record, except when a di f ferent f ee is otherwise prescribed b y law. 2. The state legislature shall, in accordance with its published rules, make a vailable for PUBLIC inspection and cop ying: (a) bills and amendments thereto, fiscal notes, introducers' bill memoranda, resolutions and amendments thereto, and index records; (b) messages recei ved from the go vernor or the other house o f the legislature, and home rule messages; (c) legislati ve noti fication o f the proposed adoption o f rules b y an agenc y.