§ 86 — Definitions

New York § 86

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 6: Freedom of Information Law

Text

§ 86. Definitions. As used in this article, unless the context\nrequires otherwise:\n 1. "Judiciary" means the courts of the state, including any municipal\nor district court, whether or not of record.\n 2. "State legislature" means the legislature of the state of New York,\nincluding any committee, subcommittee, joint committee, select\ncommittee, or commission thereof.\n 3. "Agency" means any state or municipal department, board, bureau,\ndivision, commission, committee, public authority, public corporation,\ncouncil, office or other governmental entity performing a governmental\nor proprietary function for the state or any one or more municipalities\nthereof, except the judiciary or the state legislature.\n 4. "Record" means any information kept, held, filed, produced or\nreproduced by, with or for an agency or the state legislature, in any\nphysical form whatsoever including, but not limited to, reports,\nstatements, examinations, memoranda, opinions, folders, files, books,\nmanuals, pamphlets, forms, papers, designs, drawings, maps, photos,\nletters, microfilms, computer tapes or discs, rules, regulations or\ncodes.\n 5. "Critical infrastructure" means systems, assets, places or things,\nwhether physical or virtual, so vital to the state that the disruption,\nincapacitation or destruction of such systems, assets, places or things\ncould jeopardize the health, safety, welfare or security of the state,\nits residents or its economy.\n 6. "Law enforcement disciplinary records" means any record created in\nfurtherance of a law enforcement disciplinary proceeding, including, but\nnot limited to:\n (a) the complaints, allegations, and charges against an employee;\n (b) the name of the employee complained of or charged;\n (c) the transcript of any disciplinary trial or hearing, including any\nexhibits introduced at such trial or hearing;\n (d) the disposition of any disciplinary proceeding; and\n (e) the final written opinion or memorandum supporting the disposition\nand discipline imposed including the agency's complete factual findings\nand its analysis of the conduct and appropriate discipline of the\ncovered employee.\n 7. "Law enforcement disciplinary proceeding" means the commencement of\nany investigation and any subsequent hearing or disciplinary action\nconducted by a law enforcement agency.\n 8. "Law enforcement agency" means a police agency or department of the\nstate or any political subdivision thereof, including authorities or\nagencies maintaining police forces of individuals defined as police\nofficers in section 1.20 of the criminal procedure law, a sheriff's\ndepartment, the department of corrections and community supervision, a\nlocal department of correction, a local probation department, a fire\ndepartment, or force of individuals employed as firefighters or\nfirefighter/paramedics.\n 9. "Technical infraction" means a minor rule violation by a person\nemployed by a law enforcement agency as defined in this section as a\npolice officer, peace officer, or firefighter or firefighter/paramedic,\nsolely related to the enforcement of administrative departmental rules\nthat (a) do not involve interactions with members of the public, (b) are\nnot of public concern, and (c) are not otherwise connected to such\nperson's investigative, enforcement, training, supervision, or reporting\nresponsibilities.\n 10. "Retiree" means a former officer or employee of an agency, the\nstate legislature, or the judiciary who was a member of a public\nretirement system of the state, as such term is defined in subdivision\ntwenty-three of section five hundred one of the retirement and social\nsecurity law and is receiving, or entitled to receive, a benefit from\nsuch public retirement system.\n 11. "Beneficiary" means a person designated by a member or retiree of\na public retirement system of the state to receive retirement or death\nbenefits following the death of the member or retiree.\n