Reforms provisions on recordkeeping and preservation for governor and executive chamber records; requires governor to separately file public and private records; provides that upon completion of a term of office the office of the state archives shall assume control over such records; allows state archivist to dispose of records deemed of no research value; makes provisions regarding restrictions on access by the governor for a specified time period for records relating to appointments and documents exempted under the public officers law.
STATE OF NEW YORK
________________________________________________________________________
641--A
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. HOYT, McENENY, MAGEE, SCHIMMINGER, KAVANAGH --
Multi-Sponsored by -- M. of A. GALEF -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to the records of the
governor and executive chamber and to repeal section 5 of the execu-
tive law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5 of the executive law is REPEALED and a new
2 section 5 is added to read as follows:
3 § 5. Governor and executive chamber records. 1. Records of the gover-
4 nor and the executive chamber staff are of special importance to the
5 government and citizens of New York state, because the records document
6 the activities and decisions of state government's chief executive offi-
7 cer. Many records of the governor and the executive chamber staff are of
8 enduring value and warrant archival preservation because such records
9 contain documentary evidence about significant policies, programs, and
10 decisions made or instituted by the governor.
11 2. As used in this section:
12 a. The term "governor's records" means all correspondence, memoranda,
13 reports, proposals, or other documentary materials or reasonably segreg-
14 able portions thereof, created or received by the governor, his or her
15 immediate staff, or a unit or individual in the executive chamber whose
16 function is to advise and assist the governor, in the course of trans-
17 acting business or conducting activities which relate to or have an
18 effect upon the carrying out of the constitutional, statutory, adminis-
19 trative, or other official or ceremonial duties of the governor. Such
20 records include documentary materials relating to political activities
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02853-02-9
A. 641--A 2
1 of the governor or a member of the staff, but only if such activities
2 relate to or have a direct impact upon the constitutional, statutory or
3 other official or ceremonial duties of the governor and does not include
4 documentary materials that are (i) official records of an agency; (ii)
5 personal records; (iii) stocks of publications, forms, and stationery;
6 (iv) extra copies of documents produced only for convenience of refer-
7 ence; and (v) library or museum material made or acquired solely for
8 reference and exhibition purposes.
9 b. The term "personal records" means all documentary materials or
10 reasonably segregable portions thereof, of a purely private or nonpublic
11 character which do not relate to or have an effect upon the carrying out
12 of the constitutional, statutory, or other official or ceremonial duties
13 of the governor including personal diaries, journals and notes; materi-
14 als relating to private political associations; and materials relating
15 exclusively to the governor's own election to the office of governor and
16 materials relating directly to the election of individuals to federal,
17 state or local office.
18 c. The term "former governor", when used with respect to governor's
19 records, means the former governor during whose term or terms of office
20 such records were created.
21 d. The term "archivist" shall mean the head of the state archives in
22 the state education department.
23 3. Governor's records are owned by the state of New York and shall be
24 administered in accordance with the provisions of this section.
25 4. The governor and his or her executive chamber staff shall establish
26 recordkeeping policies and procedures to assure that:
27 a. records and recordkeeping systems are created to provide complete
28 and comprehensive documentary evidence of the significant activities,
29 deliberations, decisions, and development and implementation of policies
30 that reflect the performance of constitutional, statutory, and the offi-
31 cial and ceremonial duties of the governor;
32 b. documentary materials produced or received by the governor and
33 executive chamber staff are, to the extent practicable, categorized as
34 governor's records or personal records upon creation or receipt and are
35 filed separately to reflect status as either governor's records or
36 personal papers;
37 c. records and recordkeeping systems remain usable and accessible as
38 long as needed for business or research purposes;
39 d. records and recordkeeping systems are evaluated by the state
40 archives in order to ensure that records are retained for the length of
41 time necessary to meet legal, fiscal, and administrative needs and to
42 conform with any legal mandates; to ensure that recordkeeping systems
43 maintain records in usable and accessible form; and to identify and
44 protect records that have enduring research value and warrant preserva-
45 tion in the state archives; and
46 e. records identified by the state archives as having enduring,
47 evidential, informational, historical, or other research value are
48 transferred to the state archives during or at the end of a gubernatori-
49 al administration.
50 5. Upon completion of a term of office or if serving consecutive terms
51 upon conclusion of the last term, the state archives shall assume
52 responsibility for custody, control, and preservation of, and access to,
53 governor's records. The state archives shall have an affirmative duty to
54 make sure such records are available to the public as rapidly as possi-
55 ble, consistent with the provisions of this section.
A. 641--A 3
1 6. The state archivist may deposit such records in a repository other
2 than the state archives provided that the state of New York shall retain
3 ownership and the archivist has ascertained that the repository meets
4 generally accepted standards and follows accepted practices for archival
5 administration, that the records are available for public access pursu-
6 ant to the provisions of this section, and that the records may be
7 returned to the state archives if the repository is unable to provide
8 acceptable conditions.
9 7. The state archivist may dispose of records that are deemed of no
10 further research value.
11 8. Records transferred to the state archives shall be administered
12 pursuant to the provisions of article six of the public officers law,
13 except that prior to the conclusions of term or terms of office, a
14 governor may specify durations, not to exceed fifteen years, for which
15 access shall be restricted with respect to information in governor's
16 records in one or more of the following categories:
17 a. relating to appointment to state office; and
18 b. exempted from disclosure pursuant to the public officers law.
19 9. During the period of restricted access, the archivist shall estab-
20 lish procedures whereby any person denied access may request a written
21 determination by the archivist or designee within thirty days of
22 request, setting forth the basis for the determination.
23 10. The following shall be excepted from restrictions on access:
24 a. employees of the state archives in the performance of normal work
25 to administer the records;
26 b. former governors or their designees for records relating to their
27 terms of office;
28 c. subject to any rights, defenses, or privileges which an agency or
29 individual may invoke, governor's records shall be made available:
30 (1) pursuant to subpoena or other judicial process issued by a court
31 of competent jurisdiction for the purposes of any civil or criminal
32 investigation or proceeding;
33 (2) to an incumbent governor if such records contain information that
34 is needed for the conduct of current business of the office and that is
35 not otherwise available; and
36 (3) to either house of the state legislature, to the extent of matter
37 within its jurisdiction, if such records contain information that is
38 needed for the conduct of current business and is not otherwise avail-
39 able.
40 11. Upon the death or disability of a governor or former governor, any
41 discretion or authority the governor or former governor may have had
42 under this section shall be exercised by the archivist unless otherwise
43 previously provided by the governor or former governor in a written
44 notice to the archivist.
45 12. Lieutenant governor's records shall be subject to the provisions
46 of this section in the same manner as governor's records.
47 § 2. This act shall take effect immediately.
