PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of Part 937 of Title 19 NYCRR.
Statutory authority:
Executive Law, section 94(9)(c)
Subject:
Access to agency records.
Purpose:
Rules governing access to publicly available records.
Substance of proposed rule (Full text is posted at the following State website:www.nyintegrity.org):
The rules governing the procedure to access records are amended to comport with the Public Employee Ethics Reform Act of 2007 ("PEERA"). PEERA authorizes the Commission to make publicly available all of the records listed in Executive Law section 94 (17)(a)(1). The amended regulations incorporate this change. The amendments also set forth a uniform procedure for accessing these public records that mirrors the Freedom of Information Law. In addition, the amendments repeal various obsolete provisions, such as the existence of the Public Advisory Council.
Text of proposed rule and any required statements and analyses may be obtained from:
Shari Calnero, Associate Counsel, NYS Commission on Public Integrity, 540 Broadway, Albany, New York 12207, (518) 408-3976, email: scalnero@nyintegrity.org
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Executive Law Section 94(9)(c) generally directs the Commission on Public Integrity ("CPI") to adopt, amend, and rescind rules and regulations to govern the procedures of the CPI.
2. Legislative objectives: The Public Employee Ethics Reform Act of 2007 ("PEERA") established the CPI. PEERA intended that the CPI would strengthen integrity, public trust and confidence in New York State government. As part of the Act, the CPI is charged with the authority to promulgate rules governing its procedures including how it provides public access to available records. These rules promote transparency to the extent that they inform the public of the necessary steps to access certain records that CPI is required to make publicly available.
3. Needs and benefits: The proposed rule making is necessary to comport with PEERA's expansion of the list of CPI's records that are now publicly available. PEERA authorizes the CPI to make publicly available all of the records listed in Executive Law section 94 (17)(a)(1). The amended regulations will incorporate this change. The amendments will also set forth a uniform procedure for accessing these public records that mirrors the Freedom of Information Law. In addition, the amendments repeal obsolete provisions, such as the existence of the Public Advisory Council.
4. Costs:
a. Costs to regulated parties for implementation and compliance: None.
b. Costs to the agency, State and local government: None.
c. Cost information is based on the fact that the proposed rule making involves primarily the elimination of confusing and outdated references currently contained in the regulation. There are no costs associated with these changes.
5. Local government mandate: None.
6. Paperwork: It will not require the preparation of any additional forms or paperwork.
7. Duplication: None.
8. Alternatives: The Commission considered not amending the regulation and leaving it status quo. PEERA, however, substantially expanded the class of records that CPI is required to make publicly available. Accordingly, CPI deemed that a formal rule making that expressly states which records are available and sets forth a procedure to obtain said records was the optimal way to implement PEERA's mandate. Also, CPI considered charging reproduction fees for all requests for records, as is authorized by New York's Freedom of Information Law. CPI concluded that it was more efficient, in terms of human resources and cost for materials, to waive reproduction fees for requests for copies under 40 pages.
9. Federal standards: The proposed rule making pertains to public access to records and does not exceed any federal minimum standard with regard to a similar subject area.
10. Compliance schedule: These rules shall become effective upon adoption.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with this Notice as the amendments will not impose any adverse economic impact on small businesses or local governments, nor will it require or impose any reporting, recordkeeping or other affirmative acts on the part of these entities for compliance purposes. The Commission on Public Integrity makes these findings based on the fact that the rules only govern the public's access to a limited set of records.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not submitted with this Notice of Proposed Rule Making since the proposed rule making will not impose any adverse economic impact on rural areas, nor will compliance require or impose any reporting, recordkeeping or other affirmative acts on the part of rural areas. The Commission on Public Integrity makes these findings based on the fact that the rules only govern the public's access to a limited set of records. Rural areas are not affected in any way.
Job Impact Statement
Job Impact Statement is not submitted with this Notice since the proposed rule-making will have no impact on jobs or employment opportunities. The Commission on Public Integrity makes this finding based on the fact that the proposed rule-making applies narrowly to the procedure for requesting public access to a limited set of available records. In addition, the regulation does not apply, nor relate to businesses, economic development or employment opportunities.
