N.Y. Comp. Codes R. & Regs. Tit. 9 § 10025.4 - Designation of records access officer: duties

Statutory authority: Executive Law, §§ 709(2)(n), 710; Public Officers Law, § 87(1)(b)

There shall be designated by the director of the Office of Homeland Security a records access officer who shall be located at the Office of Homeland Security.

(a) The records access officer shall:

(1) compile and maintain a record setting forth the name, public office address, title and salary of every officer or employee of the agency and a reasonably detailed current list by subject matter, of all records in possession of the agency, whether or not available under article 6 of the New York State Public Officers Law;

(2) supervise such personnel as may be assigned by the director and relating to the access of the records of the Office of Homeland Security. This staff shall assist the records access officer in responding to requests for records and shall, whenever necessary, assist anyone requesting access to a record;

(3) except as provided for in sections 10025.9 and 10025.10 of this Part, make a determination to grant or deny a request to inspect and/or copy a record, or to permit the requesting party to copy from a photocopy of the original record with portions deleted there from in accordance with applicable law;

(4) if a request to inspect and copy a record is granted, advise the requesting party as to when and where such inspection and copying shall take place and shall be in accordance with the procedure set forth in section 10025.8 of this Part;

(5) if a request to examine or copy a record is denied, in whole or in part, advise the requesting party of the reasons for the denial in writing and shall instruct the party as to the appeals process as provided in section 10025.9 or 10025.10 of this Part;

(6) if a request to inspect and copy a record is granted, in whole or in part, advise the requesting party as to the cost thereof, according to the fee schedule set forth in section 10025.12 of this Part, and when such copy will be forwarded or made available to the requesting party; and

(7) if a request to inspect or copy records relating to article 6, section 89 (5)(a)(1) or section 89 (5)(1-a) of the Public Officers Law is received by the records access officer and a person or entity has requested that such record be excepted from disclosure, the records access officer shall:

(i) inform the person or entity of the disclosure request and his/her intention to make a decision as to whether or not the information sought should be disclosed;

(ii) request said person or entity submit a written statement in accordance with section 10025.6 of this Part as to the necessity for the granting or the continuation of an exception of the information from disclosure;

(iii) issue a written determination in accordance with section 10025.6 of this Part and advising the party as to the granting, continuing or terminating such exception and stating the reasons therefor; and

(iv) serve copies of said determination upon: the party requesting the record; the party requesting the exception; and the Committee on Open Government.

(b) Upon request, the records access officer may certify that a transcript is a true copy of a record copied or that the Office of Homeland Security is not the legal custodian of such record, that the requested record cannot be found, or that the record does not exist. In the event that the Office of Homeland Security is not the legal custodian of the record, then the records access officer may advise the requesting party of the custodial agency, if known.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 10025.4