New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter I - Waterfront Commission Of New York Harbor
Part 1 - General Provisions
Section 1.23 - Access to records

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1.23

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The records of the commission shall be made available for public inspection and copying, except that access may be denied as to records or portions thereof which:

(1) are specifically exempted from disclosure by State or Federal statute;

(2) if disclosed, would constitute an unwarranted invasion of personal privacy;

(3) if disclosed, would impair present or imminent contract awards or collective bargaining negotiations;

(4) are trade secrets or are submitted to the commission by a commercial enterprise or derived from information obtained from a commercial enterprise or are maintained for the regulation, supervision or licensing of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the enterprise;

(5) are compiled for law enforcement or official investigatory purposes when their disclosure would interfere with law enforcement investigations or judicial, licensing, registration or disciplinary proceedings or hearings, or deprive a person of a right to a fair trial or hearing or impartial adjudication, or identify a confidential source or disclose confidential information relating to a criminal, licensing, registration or disciplinary investigation, or reveal criminal investigative techniques or procedures, except routine techniques and procedures;

(6) if disclosed, would endanger the life or safety of any person;

(7) are interagency or intraagency materials other than statistical or factual tabulations of data, instructions to the staff of the commission that affect the public, or final commission policy or determinations; or

(8) are examination questions or answers which are requested prior to the final administration of such questions; or

(9) are computer access codes.

(b) Requests for inspection or copying of the records of the commission shall be made to the secretary of the commission upon a form prescribed by the commission and shall contain sufficient information to identify the particular record sought. Such requests shall be made either:

(1) in person during regular business hours at the commission's main offices at 39 Broadway, Fourth Floor, New York, NY 10006; or

(2) by mailing such request, postage prepaid, to Secretary, Waterfront Commission of New York Harbor, at the address in paragraph (1) of this subdivision.

(c) Upon receipt of a request, the secretary shall promptly determine whether or not the records requested can be made available and will notify the person making the request of such determination. If the request is granted, such person shall also be notified where and when the records will be made available. The commission will provide an opportunity for inspection and copying of the records at a time and place it deems feasible.

(d) The records may be inspected only under the supervision of the secretary of the commission, or such other officer or employee as may be designated by the secretary, in the commission's office during regular business hours or at such other times or places as the secretary deems convenient.

(e) Each request must be responded to within 10 business days of the receipt thereof, with reasons being given for denial of access or copying or a statement of the time and place when the record request will be made available. Any person denied access to a record of the commission by the secretary of the commission may, within 30 days, file an appeal in writing from such denial with the commission's general counsel. Such appeal may be accompanied by a memorandum in support thereof setting forth the reasons why the appellant is entitled to access to the record requested. Such appeals shall be decided by the general counsel. If the appeal is denied, the reasons therefor shall be explained fully in writing within seven business days of the date on which such appeal is received by the general counsel.

(f) Documents which are to be copied, including stenotype reporter transcriptions, will be copied by the commission, if practicable, and the person requesting a copy will be charged a fee of $1 for each page not exceeding 81/2 x 14 inches. If it is not practicable for the commission to copy such documents, they will be copied commercially and the person requesting the copy will be charged a fee equal to the commission's cost for such commercial reproduction. A fee of $5 will be charged for certification by the secretary of the commission as to the authenticity of any document, or that a record of which the commission is legal custodian cannot be found. In the event a search for records requested requires more than one-half hour, a search fee will be charged at the rate of not less than $7.25 per hour or any part thereof, per person assigned to such search. All such fees shall be paid by the person making the request in cash, certified check or bank cashier's check, in advance or at the time of the delivery of any record for inspection or copies of any records or certificate referred to in this subdivision.

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