New York regulations
Title 19 Part 937
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19 NYCRR 937.2 - Designation of records access officer
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(a)The commission designates its public information officer to act as the records access officer.
(b)The records access officer is responsible for ensuring compliance with the regulations herein.
(c)The records access officer is responsible for ensuring that commission staff perform the following actions:
(1)assist the requester in identifying the record and information sought, if necessary;
(2)upon locating the requested record:
(i)make the record available for inspection in accordance with sections 937.3 and 937.4 of this Part; or
(ii)make copies free of charge unless the request is for more than 40 pages, in which case the commission shall charge $0.25 per copy or the cost of electronic reproduction.
19 NYCRR 937.3 - Requests for information and access to publicly available records
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(a)A request for information and/or access to records pursuant to this Part shall be in writing on a form provided by the commission.
(b)A request shall reasonably describe the information or record sought. To the extent possible, a requesting person should supply identifying details of the information or record, such as the name of the person, entity or title associated with the information or record sought and dates or filing period.
(c)A response to a request that reasonably describes the information or record sought shall be made within five business days of receipt of the request by:
(1)granting access to the record;
(2)providing the information sought;
(3)acknowledging the receipt of the request in writing, including an approximate date when the request will be granted, which shall be reasonable under the circumstances and shall not be more than 20 business days after the date of the acknowledgement, or providing a statement in writing indicating the reason for the inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted; or
(4)if receipt of the request was acknowledged in writing and included an approximate date when the request would be granted within 20 business days of such acknowledgement, but circumstances prevent disclosure within that time, providing a statement in writing within 20 business days of such acknowledgement specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted.
19 NYCRR 937.4 - Location of records for inspection
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(a)Once granted, access to records will be arranged by the records access officer, and the records will be made available in a convenient and appropriate manner.
(b)Appointments for public inspection of records at the commission’s office shall be arranged on days that the commission is regularly open for business and during the hours of 9:00a.m.-4:30p.m.
19 NYCRR 937.5 - Deletion and exemption of certain items of information from financial disclosure statements
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(a)Prior to making any financial disclosure statement publicly available, the records access officer shall delete any other item of information that the commission has determined to delete pursuant to section 94 of the Executive Law and for filings prior to January 1, 2013, the categories of value and amount.
(b)In accordance with the rules set forth in section 941.17(b)(1) of this Title, pending any application for deletion or exemption to the executive director or notice of appeal filed with the members of the commission, all information which is the subject or a part of the application or appeal shall remain confidential. Upon an adverse determination on appeal by the members of the commission, the reporting individual may request, within five calendar days of receipt of an adverse determination, and upon such request the commission shall provide, that any information which is the subject or part of the application remain confidential for a period of 30 days following notice of such determination. In the event that the reporting individual resigns from office prior to the issuance of a determination and holds no other office subject to the jurisdiction of the commission, the information shall not be made public and shall be expunged in its entirety.
19 NYCRR 937.6 - Records access appeals
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(a)The Director of Ethics or his or her designee shall act as the records access appeals officer.
(b)Any person denied access in whole or in part to a record or records requested pursuant to section 937.1(a) or (d) of this Part or information requested pursuant to section 937.1(b) or (c) of this Part may within 30 days appeal in writing such denial to the records access appeals officer who shall within 10 business days of the receipt of such appeal fully explain in writing to the person requesting the record or information the reasons for further denial, or provide access to the information or record sought. This shall constitute the final determination of the commission.