N.Y. Comp. Codes R. & Regs. tit. 9 § 8201.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 8201.3 - Records access officer

(a) The records access officer shall be the executive secretary of the council and shall be the custodian of the records of the council, other than the payroll record. Any person wishing to inspect and/or obtain a copy of such records, other than the payroll record, may make application to the records access officer. Such application shall be in writing on a form to be prescribed by the records access officer.

(b) The records access officer shall maintain a reasonably detailed current list, by subject matter, of all records in its possession, whether or not records are available pursuant to subdivision 2 of section 87 of the Public Officers Law. The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.

(c) The records access officer is responsible for insuring appropriate agency response to public requests for access to records. The designation of a records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. The records access officer shall insure that personnel:

(1) maintain an up-to-date subject matter list;

(2) assist the requester in identifying requested records, if necessary;

(3) upon locating the records, take one of the following actions:

(i) make records available for inspection; or

(ii) deny access to the records in whole or in part and explain in writing the reasons therefor;

(4) upon request for copies of records:

(i) make a copy available upon payment or offer to pay established fees, if any, in accordance with section 8201.10; or

(ii) permit the requester to copy those records;

(5) upon request, certify that a record is a true copy; and

(6) upon failure to locate records, certify that:

(i) the council is not the custodian for such records; or

(ii) the records of which the council is a custodian cannot be found after diligent search.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8201.3