New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter II - Governor's Regulations › Part 13 - Governor's Regulations (Malcolm A. Wilson) › Section 13.2 - Regulation Two: Freedom of information. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of section eighty eight 
					 of the Public Officers Law, I, Malcolm Wilson, Governor of the State of New
					 York, do hereby promulgate the following regulation:
REGULATION TWO
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,
				  the Office of Education Performance Review, the Women's Unit and 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, but not
				  including the Emergency Fuel Office.
(b) The term
record
or
records
means any file memorandum document or other writing
				  constituting:
(i) final opinions and orders
				  made in the adjudication of cases;
(ii) statements of policy and interpretations
				  which have been adopted by the Executive Chamber and any statistical or factual
				  tabulations which led to the formulation thereof;
(iii) minutes of public hearings held by the
				  Executive Chamber;
(iv) internal or
				  external audits and statistical or factual tabulations made by or for the
				  Executive Chamber;
(v)
				  administrative staff manuals and instructions to staff that affect members of
				  the public;
(vi) the payroll
				  record; and
(vii) 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 and, except as
				  used in the first sentence of subdivision (a) of section three of this
				  regulation, any of the secretary's deputies designated by him to perform any or
				  all of his functions hereunder.
(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.