§ 1-05 Procedure for Making Requests; Responses to Requests.
RCNY § 1-05
(a)Any request to inspect or copy records shall be made in writing and addressed to the records access officer of the appropriate agency. The request 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)Upon receipt of a request, the records access officer shall forward the request to the division of the agency having custody of the records requested. The records access officer shall retain a file copy of each request received by him and shall maintain or cause to be maintained a record showing the date on which the request was received, the division to which it was forwarded and the date of forwarding.
(c)Within five business days of receipt of a request, the records access officer shall respond to the request: (1) If the agency determines that the request should be granted, the records access officer shall so notify the requesting party in a writing which states the time and place at which the requested records may be inspected and the procedures and fees for copying of records.
(2)If the agency determines that the requested records are exempt from disclosure under the terms of the Freedom of Information Law and that the request should be denied, the records access officer shall so notify the requesting party in a writing which states the grounds for the denial.
(3)If a request does not adequately describe the records sought, the records access officer shall notify the requesting party in writing that his request has been denied, stating the reasons why the request does not meet the requirements of this section and extending to the requesting party an opportunity to confer with the records access officer in order to attempt to reformulate the request in a manner that will enable the agency to identify the records sought.
(4)If a requested record does not exist, has been destroyed or otherwise disposed of, or is in the possession, custody or control of another agency, the records access officer shall so notify the requesting party in writing. In the case of records which the records access officer believes to be in the possession, custody or control of another agency, he shall state in the writing the agency to which the request should be addressed.
(5)If the agency determines that a request should be granted in part and denied in part, the records access officer shall so notify the requesting party in a writing which sets forth the information required by subparagraphs (1), (2), (3) and (4) of this subdivision (c), as applicable.
(6)Each writing denying a request in whole or in part shall inform the requesting party of his right to appeal the determination of the agency within thirty days and shall state the name of the person or body designated in the agency to hear such appeals. Such person or body shall be identified by name, title, business address and telephone number.
(d)If, because of unusual circumstances, an agency is unable to determine within five business days whether to grant, deny or otherwise respond to a request for inspection and copying, the records access officer shall, within such five day period, acknowledge receipt of the request in writing to the requesting party, stating the approximate date, not to exceed ten business days from the date of the acknowledgement, by which a determination with respect to the request will be made. If the agency does not make a determination with respect to the request within ten business days from the date of such acknowledgement, the request may be deemed denied and an appeal may be taken to the person or body designated in the agency to hear appeals. As used in this subdivision (d), "unusual circumstances" means: (1) The need to search for and collect the requested records from facilities or offices that are separate from the office processing the request; or (2) The need to search for, collect, examine and evaluate a voluminous amount of separate and distinct records which are demanded in a single request; or (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or between two or more divisions or departments of an agency having a substantial subject matter interest therein; or (4) Any other circumstances in which the agency is unable, by the exercise of due diligence, and acting in good faith, to comply with the time limits set forth in this subdivision.
(e)To prevent unwarranted invasions of personal privacy, an agency, in making records available for inspection and copying, may delete identifying details or may withhold records otherwise available, if deletion of identifying details is impracticable or will not, in fact, prevent an unwarranted invasion of the privacy of the person to whom the record refers. An unwarranted invasion of privacy includes, but is not limited to: (1) Disclosure of employment, medical or credit histories or personal references of applicants for employment; or (2) Disclosure of items involving the medical or personal records of a client or patient in a medical facility; or (3) Sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes; or (4) Disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it; or (5) Disclosure of information of a personal nature reported in confidence to an agency requesting or maintaining it and which is not relevant to the ordinary work of such agency.
(f)The records access officer shall retain a file copy of each writing granting, denying or acknowledging a request pursuant to subdivision (d) of this section and shall promptly forward to the Law Department a copy of each denial.
