Disclosure policy

§ 2. Disclosure policy. a. In addition to any records required to be\nmade available pursuant to the provisions of section eighty-eight of the\npublic officers law and the rules and regulations promulgated\nthereunder, all other existing records maintained by the Assembly shall\nbe available for public inspection and copying, except that the Assembly\nmay deny access to records or portions thereof that:\n (1) are specifically exempted from disclosure by state or federal\nstatute or a Rule of the Assembly, or Permanent Joint Rule of the Senate\nand Assembly;\n (2) if disclosed would constitute an unwarranted invasion of personal\nprivacy as defined in subdivisions two and two-a of section eighty-nine\nor section ninety-six of the public officers law, including, but not\nlimited to:\n (a) the medical, financial, credit or employment history of a\nparticular person or matters leading to the appointment, employment,\npromotion, demotion, discipline, suspension, dismissal or removal of\nsuch person; or\n (b) names, addresses, numbers or other personal identifying details of\ntelephone communications or mail correspondence made by or to Members of\nthe Assembly or employees thereof;\n (3) if disclosed would impair present or imminent contract awards or\ncollective bargaining negotiations;\n (4) if disclosed would impair negotiations relating to pending or\nproposed legislation;\n (5) are trade secrets or proprietary information which, if disclosed,\nwould cause substantial harm to the subject enterprise;\n (6) are compiled for legislative purposes and which, if disclosed,\nwould:\n (a) interfere with legislative investigations, law enforcement\ninvestigations or judicial proceedings;\n (b) deprive a person of a right to a fair trial or impartial\nadjudication;\n (c) identify a confidential source or disclose information relating to\na legislative or criminal investigation; or\n (d) reveal criminal or legislative investigative techniques or\nprocedures, except routine techniques and procedures;\n (7) if disclosed would endanger the life or safety of any person;\n (8) are inter-agency or intra-agency materials which are not:\n (a) statistical or factual tabulations of data of or with respect to,\nmaterial otherwise available for public inspection and copying pursuant\nto section eighty-eight of the public officers law;\n (b) instructions to staff that affect members of the public;\n (c) final reports and formal opinions submitted to the legislature;\n (d) final reports or recommendations and minority or dissenting\nreports and opinions of members of committees, subcommittees, or\ncommissions of the legislature;\n (9) are computer access codes;\n (10) are material prepared for litigation or constituting attorney\nwork product.\n b. For purposes of this rule, "agency" shall have the same meaning as\nthat term is defined in section eighty-six of the public officers law,\nbut shall also include either or both houses of the legislature.\n c. In order to facilitate access to records made available in\naccordance with this rule, a copy of this rule shall be posted at a\npublic location to be determined by the Assembly.\n d. The determination of the Assembly, with respect to the denial of\naccess to any materials of such house to which access is sought under\nthis rule shall be final and not subject to further review.\n