The New York City Municipal Archives and Municipal Library, divisions of the Department of Records and Information Services, are open to the public subject to the following regulations:
A. Access to Materials.
(1) All persons using Municipal Archives and Library materials must agree to follow posted guidelines.
(2) All researchers requesting Municipal Archives and Library materials must complete a registration form indicating name, contact information, affiliation, if any, the research subject and purpose. Researchers must provide acceptable identification upon request.
(3) Municipal Archives and Library materials may not be removed from the premises.
(4) The physical condition of an item may prohibit access.
(5) In accordance with laws and regulations related to personal privacy, health information, and minors, certain records may be subject to redaction or other special access restrictions and procedures.
B. Reproductions and Licensing Services.
(1) The Department of Records and Information Services facilitates access to Municipal Archives and Library materials by providing reproduction and licensing services.
(2) Copies of historical vital records obtained directly from DORIS or through professional research services are exempt from licensing requirements.
(3) Non-commercial uses of Municipal Archives and Library materials are exempt from the licensing requirement.
(4) All other publication and commercial uses of Municipal Archives and Library materials may be granted subject to the conditions listed in the Publish/Use Contract form (MA-45). License fees will apply to commercial uses; non-profit entities are exempt from licensing fees, Acknowledgment is required for all published use of Archives and Library materials: Item Name, Collection, Courtesy of the Municipal Archives, City of New York or Item Name, Courtesy of the Municipal Library, City of New York.
(Amended City Record 4/5/2022, eff. 5/5/2022)
A. The Municipal Archives preserves and makes available for research historical records of the New York City Board of Education ("the Board"). This collection includes several records series (nos. 590, 591, 593, 594, 595, 596 and 597) that pertain to the "anti-Communist" activities of the Board from the 1930s through the 1960s. They contain personal and confidential information relating to teachers and other school personnel investigated and/or questioned by the Board for alleged support of or association with the Communist Party. The individuals who are the subject of these files have a privacy right regarding information of a personal nature contained in them; this includes a privacy right regarding the fact that the subject case file exists.
B. The regulations governing public access to all archival material are set forth in 49 RCNY § 3-01. In addition to those regulations, public access to the "anti-Communist" case file series is governed by the following additional regulations and/or procedures:
(1) Researchers who request access to a specific file for the purpose of researching the views or activities of the individual who is the subject of that file or of another individual named in that file must obtain permission for such access from the subject individual and from the named individual, as applicable. If the subject or named individual is deceased or unable to give or deny permission, such permission must be obtained from the individual's legal heirs or custodians, as specified in forms MA-101A, MA-101B, and MA-101C.
(2) Researchers engaged in more general research not limited to a particular individual or individuals may access files in the restricted series upon certifying that they will neither record nor use any names or personally identifiable material obtained from such files, form (MA-101D).
(3) When a researcher accesses a file with permission from the individual who is the subject of that file, the Archives will redact the names of other individuals in the file whose permission has not been obtained.
(4) Self-service photocopying is not available for anti-Communist case file documents. All photocopies will be redacted to remove information identifying any individual whose permission has not been obtained.
(5) Published materials and materials created for general distribution, such as newspaper clippings and press releases, are not subject to the restrictions set forth in this section.
A. The Municipal Archives preserves and makes available for research the closed case files of the five New York District Attorneys. In accordance with the duly promulgated record retention schedule for this series, the closed case files are transferred to the Municipal Archives for permanent preservation twenty-five years after the date (year) of indictment.
B. The regulations governing public access to all archival material are set forth in 49 RCNY § 3-01. In addition to those regulations, public access to District Attorney case files that are less than fifty years old (from the year of indictment) are governed by the following regulations and/or procedures:
(1) For requests to examine records in case files that are less than fifty years old (from the date of indictment), the Municipal Archives Director, or an authorized staff member, will submit to the office of the District Attorney which created or completed the records ("DA") the following information: name of researcher and affiliation, if any, subject and purpose of Research, case file number(s) and name(s) of defendant(s). The Municipal Archives Director or authorized staff member will submit this information to the DA prior to granting the researcher access to the requested records. The DA will be permitted to examine the material in the requested file(s) and separate any items as to which (a) public disclosure is prohibited by statute or court order (e.g. minutes of Grand Jury proceedings); or (b) disclosure would threaten the life or safely of any person, such as information about confidential informants or undercover law enforcement personnel. The Municipal Archives will not permit access to any items separated by the DA from other items in the file. The DA will have five business days (from the date of notification that the case file is available) in which to conduct a case file review. If the DA declines to conduct a review, the requested case file materials will be made available to the researcher in accordance with regulations governing public access to all Archival material set forth in 49 RCNY § 3-01.
(2) For all case files regardless of age, the Municipal Archives will not permit access to minutes of Grand Jury proceedings or any other records when disclosure is prohibited by statute or court order. The Municipal Archives will also consider requests by the DA to maintain the confidentiality of records whose age is greater than 50 years when exceptional circumstances warrant granting such request.
(Amended City Record 4/5/2022, eff. 5/5/2022)
Loading...