Title 41: Department of Juvenile Justice

Chapter 1: Compliance with FOIL

§ 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.

§ 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 [phone], 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.

§ 1-03 Location.

Records shall be available for public inspection and copying at:

   Department of Juvenile Justice 365 Broadway New York, NY 10013 [phone]