New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter II - Governor's Regulations › Part 14 - Governor's Regulations (Mario M. Cuomo) › Section 14.1 - Regulation No. 1: Freedom of information

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of section eighty seven 
					 of the Public Officers Law, I, Mario M. Cuomo, Governor of the State of New
					 York, do hereby promulgate the following regulation:
REGULATION ONE
Freedom of Information
Section
				  1. Purpose.
2.
				  Definitions.
3. Custodian of
				  records; designation of records access officer.
4. Procedure for obtaining records.
5. List of records.
6. Fees.
7. Prevention of invasions of privacy.
8. Grant or denial of access to
				  records.
9. Appeals.
10. Effective date.
11. Repeal of regulation.
Section 1. Purpose. The purpose of this
				  regulation is to set forth the methods and procedures governing the
				  availability, location and nature of those records of the Executive Chamber
				  subject to the provisions of article 6 of the Public Officers Law, known as the
				  Freedom of Information Law.
§
				  2. Definitions. For the purposes of this regulation:
(a) The term
Executive
				  Chamber
means the Office of the Governor, including the offices of the
				  secretary, counsel, appointments officer and press secretary to the Governor,
				  as well as such other offices or commissions as may have been or may be
				  created, from time to time, in the Office of the Governor by executive order or
				  otherwise.
(b) The term
record
or
records
means any file, memorandum,
				  document or other writing constituting:
(i)
				  statements of final policy and determinations which have been adopted by the
				  Executive Chamber and any statistical or factual tabulations which led to the
				  formulation thereof;
(ii) minutes
				  of public hearing held by the Executive Chamber;
(iii) internal or external audits and
				  statistical or factual tabulations made by or for the Executive
				  Chamber;
(iv) administrative staff
				  manuals and instructions to staff that affect members of the public;
(v) the payroll record; and
(vi) any other files, records, papers or
				  documents required by any provision of law to be made available for public
				  inspection.
As used in this subdivision, the term
statistical
					 tabulation
means a collection or orderly presentation of numerical
					 data logically arranged in columns and rows or graphically, and the term
factual tabulation
means a collection of statements of
					 objective information logically arranged and reflecting objective reality,
					 actual existence or an actual occurrence. Opinions, policy options and
					 recommendations do not constitute statistical or factual
					 tabulations.
(c)
				  The term
payroll record
means an itemized record setting forth
				  the name, business address, title and salary of every officer and employee of
				  the Executive Chamber.
(d) The term
workday
means any day except Saturday, Sunday, a public
				  holiday or a day on which the State Capitol is otherwise closed for general
				  business.
(e) The term
secretary
means the Secretary to the Governor.
(f) The term
counsel
means
				  the Counsel to the Governor and any of his assistants designated by him to
				  perform any or all of his functions hereunder.
(g) The term
fiscal officer
means the officer or employee of the Executive Chamber responsible for
				  certifying the Executive Chamber payroll.
(h) The term
records access
				  officer
means the employee or employees of the Executive Chamber
				  designated by the secretary to coordinate the responses to requests for access
				  to records.