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]

§ 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.

§ 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.

§ 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.