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§ 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
(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,
i. interfere with law enforcement investigations or judicial
ii. deprive a person of a right to a fair trial or impartial
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
(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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