Compliance with FOIL

RCNY tit. 41, ch. 1

in effect

41 RCNY § 1-01 Purpose and Scope.

§ 1-01 Purpose and Scope. (a) The people's right to know the process of government decision-making and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. (b) These regulations provide information concerning the procedures by which records may be obtained. (c) Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law. (d) Any conflicts among laws governing public access to records shall be constructed in favor of the widest possible availability of public records.

41 RCNY § 1-02 Designation of Records Access Officer.

§ 1-02 Designation of Records Access Officer. (a) Commissioner Rose W. Washington is responsible for insuring compliance with the regulations herein, and designates the following person as Records Access Officer: Kay C. Murray, Esq., Counsel Department of Juvenile Justice 365 Broadway New York, NY 10013 (212) 925-7779, Ext. 211 (b) The Records Access Officer is responsible for insuring appropriate agency response to public requests for access to records. (c) Records Access Officer shall insure that personnel: (1) Maintain a reasonably detailed current subject matter list of all records in the possession of the agency, whether or not such records are available for inspection and copying pursuant to the Freedom of Information Law. The list shall be of sufficient detail to permit identification by the public of categories of records. The subject matter list shall be updated not less than twice per year and the date of the most recent revision of the list shall appear on its first page; (2) Assist the requester in identifying requested records, if necessary; (3) Upon locating the records, take one of the following actions: (i) make records available for inspection or, (ii) deny access to the records in whole or in part and explain in writing the reasons therefore. (4) Upon request for copies of records, arrange to make copies available on payment of or offer to pay the established fee; (5) Upon request, certify that a record is a true copy; and (6) Upon failure to locate records, certify that: (i) the Department of Juvenile Justice is not the custodian for such records, or (ii) the records of which the Department of Juvenile Justice is a custodian cannot be found after diligent search. (d) The Records Access Officer shall retain a file copy of each writing granting, denying or acknowledging a request pursuant to 41 RCNY § 1-07(c) and shall promptly forward to the NYC Law Department a copy of each denial.

41 RCNY § 1-03 Location.

§ 1-03 Location. Records shall be available for public inspection and copying at: Department of Juvenile Justice 365 Broadway New York, NY 10013 (212) 925-7779

41 RCNY § 1-04 Hours for Public Inspection.

§ 1-04 Hours for Public Inspection. Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are: 9 a.m. – 5 p.m.

41 RCNY § 1-05 Subject Matter List.

§ 1-05 Subject Matter List. (a) The Records Access Officer shall maintain a reasonably detailed current list by subject matter of all records in the possession of the agency, whether or not records are available pursuant to Subdivision two of Section eighty-seven of the Public Officers Law. (b) The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.

41 RCNY § 1-06 Records Not Subject to FOIL Requests.

§ 1-06 Records Not Subject to FOIL Requests. The following records are specifically excluded from coverage under these regulations and public access may be denied to records or portions thereof that: (a) Are specifically exempted from disclosure by state or federal statute; (b) If disclosed would constitute an unwarranted invasion of personal privacy under the provision of Subdivision two of Section eighty-nine of FOIL; (c) If disclosed would impair present or imminent contract awards or collective bargaining negotiations; (d) Are trade secrets or are maintained for the regulation of commercial enterprise 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, would: (1) interfere with law enforcement investigations or judicial proceedings; (2) deprive a person of a right to a fair trial or impartial adjudication; (3) identify a confidential source or disclose confidential information relating to a criminal investigation; or (4) reveal criminal investigative techniques or procedures, except routine techniques and procedures. (f) Records that would endanger the life or safety of any person; (g) Records that are inter-agency or intra-agency materials that are not statistical or factual tabulations or data, or instructions to staff that affect the public, or final agency police determinations; (h) Records that are examination questions or answers which are requested prior to the final administration of the questions; or (i) Records that are computer access codes. The Records Access Officer shall examine requests to ascertain if the requested records may be exempted as per this statute.

41 RCNY § 1-07 Procedures for Making Requests, Responses.

§ 1-07 Procedures for Making Requests, Responses. (a) Any request to inspect and/or copy records shall be made in writing and addressed to the Records Access Officer of the agency. The requests shall reasonably describe the record or records sought and shall, whenever possible, supply information regarding dates, file designations or other information which will enable the Records Access Officer to identify the records sought. (b) Any present or former DJJ employee who wishes to review his or her personnel file, should submit such request on the pre-printed agency form designed for that purpose. A supply of that form shall be available at the DJJ Personnel Office and at the Spofford Personnel Office. The Personnel Director may handle these routine requests without the Records Access Officer. A copy of the request form shall be retained in the employee's personnel file. (c) A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request. (d) If the Records Access Officer does not provide or deny access to the record sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied.

41 RCNY § 1-08 Denial of Access to Records.

§ 1-08 Denial of Access to Records. Denial of access to records shall be in writing stating the reason therefore and advising the requester of the right to appeal to the individual or body established to hear appeals.

41 RCNY § 1-09 Procedure for Appeals.

§ 1-09 Procedure for Appeals. (a) When a request for inspection has been denied in writing in whole or in part by the Records Access Officer, the requesting party shall have thirty days after receipt of the denial within which to appeal. An appeal shall be in writing, addressed to the agency's Appeals Officer. The following person shall hear appeals for denial of access to records under the Freedom of Information Law: Rose W. Washington, Commissioner Department of Juvenile Justice 365 Broadway New York, NY 10013 (212) 925-7779 Ext. 201 (b) The time for deciding an appeal by the Appeals Officer shall commence upon receipt of a written appeal identifying: (1) the date of the appeal; (2) the date and location of the request for records; (3) the name of the Records Access Officer who denied the request; (4) the records to which the requester was denied access; (5) the date of the denial; (6) the name and return address of the requester. (c) The Appeals Officer shall transmit to the NYC Law Department and the Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, New York, 12231, copies of all appeals upon their receipt. (d) The Appeals Officer shall inform the appellant and the Committee on Public Access to Records of her determination in writing within ten business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in subdivision (c) of this section. (e) Determination affirming denials shall state the grounds for withholding of the requested records and that judicial review of the denial may be obtained in a proceeding under Article 78 of the Civil Practice Law and Rules commenced within four months after determination of the appeal.

41 RCNY § 1-10 Fees.

§ 1-10 Fees. (a) There shall be no fee charged for: (1) inspection of records; (2) search for records; or (3) any certification pursuant to this part. (b) Copies of records shall be provided for a fee of $.25 per page not exceeding 9 × 15 inches or the actual cost of duplication, if greater. The Records Access Officer shall ensure that the fee is collected or may, at her discretion, waive the fee. (c) Payment for copying shall be made by check or money order payable to the City of New York and shall be made upon delivery of the copies to the person requesting them.

41 RCNY § 1-11 Public Notice.

§ 1-11 Public Notice. A notice containing the title or name and business address of the Records Access Officer and Appeals Officer, and the time and location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept.

41 RCNY § 1-12 Removal of Records.

§ 1-12 Removal of Records. In no case shall the agency permit the removal of agency records from agency premises by a requesting party.

41 RCNY § 1-13 Severability.

§ 1-13 Severability. If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-80780Fetched: 10/24/2026