Title 4 Part 80

The purpose of this Part is to set forth the methods and procedures governing the availability, location and nature of those records of the Department of Civil Service subject to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law.

For the purposes of this Part:

record or records means any information kept, held, filed, produced or reproduced by with or for an agency or the State legislature in any physical form whatsoever including but not limited to, reports, statements, examinations, 1 memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

payroll record means an itemized record setting forth the following items: name, public office address, title and salary of every officer and employee of the department.

workday means any day except Saturday, Sunday, a public holiday or a day on which the department is otherwise closed for general business.

records access officer means the public relations officer of the Department of Civil Service.

fiscal officer means the director of financial administration of the Department of Civil Service.

department or Department of Civil Service means the State Department of Civil Service, unless otherwise expressly stated or unless the context requires a different meaning.

The procedures for obtaining access are designed to insure full compliance with the letter and intent of the Freedom of Information Law, as well as providing the public with optimum response to their requests.

Records shall be available for public inspection and copying at a convenient location within the Department of Civil Service on the State Campus, Albany, New York or at the location where they are kept.

The Department of Civil Service shall accept requests for public access to records and produce records for public inspection as follows:

Any fees authorized herein shall be payable in advance.

In accordance with the provisions of subdivision two of section 89 of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Public Access to Records regarding the prevention of unwarranted invasions of personal privacy, the records access officer may delete from any record identifying details the disclosure of which would result in an unwarranted invasion of personal privacy prior to making such record available for inspection and/or copying. In the event that one or more deletion is so made from any document, the records access officer shall provide written notice of that fact to the person given access to the record. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in section 80.9 of this Part.

Unless the records access officer determines that an application to inspect and/or copy records includes information that may be exempted from disclosure under paragraph a, b, c, d, e, f, g or h of subdivision 2 of section 87 of the Public Officers Law or under section 80.8 of this Part pursuant to subdivision 2 of section 89 of such law, the request shall be granted. If an application to inspect and/or copy records is denied, the records access officer shall indicate the reason for such denial in writing and shall advise the applicant of his right to appeal such denial to the administrative director of the Department of Civil Service.

The Committee on Open Government

Department of State

162 Washington Avenue

Albany, NY 12231

If any provision of this Part or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.