§ 2. Disclosure policy.
502 words·~2 min read·
/ny/assembly-rules/public-access-to-records/2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 2. Disclosure policy. a. In addition to any records required to be
made available pursuant to the provisions of section eighty-eight of the
public officers law and the rules and regulations promulgated
thereunder, all other existing records maintained by the Assembly shall
be available for public inspection and copying, except that the Assembly
may deny access to records or portions thereof that:
(1)are specifically exempted from disclosure by state or federal
statute or a Rule of the Assembly, or Permanent Joint Rule of the Senate
and Assembly;
(2)if disclosed would constitute an unwarranted invasion of personal
privacy as defined in subdivisions two and two-a of section eighty-nine
or section ninety-six of the public officers law, including, but not
limited to:
(a)the medical, financial, credit or employment history of a
particular person or matters leading to the appointment, employment,
promotion, demotion, discipline, suspension, dismissal or removal of
such person; or
(b)names, addresses, numbers or other personal identifying details of
telephone communications or mail correspondence made by or to Members of
the Assembly or employees thereof;
(3)if disclosed would impair present or imminent contract awards or
collective bargaining negotiations;
(4)if disclosed would impair negotiations relating to pending or
proposed legislation;
(5)are trade secrets or proprietary information which, if disclosed,
would cause substantial harm to the subject enterprise;
(6)are compiled for legislative purposes and which, if disclosed,
would:
(a)interfere with legislative investigations, law enforcement
investigations or judicial proceedings;
(b)deprive a person of a right to a fair trial or impartial
adjudication;
(c)identify a confidential source or disclose information relating to
a legislative or criminal investigation; or
(d)reveal criminal or legislative investigative techniques or
procedures, except routine techniques and procedures;
(7)if disclosed would endanger the life or safety of any person;
(8)are inter-agency or intra-agency materials which are not:
(a)statistical or factual tabulations of data of or with respect to,
material otherwise available for public inspection and copying pursuant
to section eighty-eight of the public officers law;
(b)instructions to staff that affect members of the public;
(c)final reports and formal opinions submitted to the legislature;
(d)final reports or recommendations and minority or dissenting
reports and opinions of members of committees, subcommittees, or
commissions of the legislature;
(9)are computer access codes;
(10)are material prepared for litigation or constituting attorney
work product.
b. For purposes of this rule, "agency" shall have the same meaning as
that term is defined in section eighty-six of the public officers law,
but shall also include either or both houses of the legislature.
c. In order to facilitate access to records made available in
accordance with this rule, a copy of this rule shall be posted at a
public location to be determined by the Assembly.
d. The determination of the Assembly, with respect to the denial of
access to any materials of such house to which access is sought under
this rule shall be final and not subject to further review.