§ 87. Access to agency records. 1. (a) Within sixty days after the\neffective date of this article, the governing body of each public\ncorporation shall promulgate uniform rules and regulations for all\nagencies in such public corporation pursuant to such general rules and\nregulations as may be promulgated by the committee on open government in\nconformity with the provisions of this article, pertaining to the\nadministration of this article.\n (b) Each agency shall promulgate rules and regulations, in conformity\nwith this article and applicable rules and regulations promulgated\npursuant to the provisions of paragraph (a) of this subdivision, and\npursuant to such general rules and regulations as may be promulgated by\nthe committee on open government in conformity with the provisions of\nthis article, pertaining to the availability of records and procedures\nto be followed, including, but not limited to:\n i. the times and places such records are available;\n ii. the persons from whom such records may be obtained, and\n iii. except when a different fee is otherwise prescribed by statute:\n (1) the fees for paper copies of records shall not exceed twenty-five\ncents per photocopy not in excess of nine inches by fourteen inches, or\nthe actual cost of reproducing any other record in accordance with the\nprovisions of paragraph (c) of this subdivision.\n (2) In the case where an identical record has been prepared for a\nprevious request within the past 6 months and an electronic copy is\navailable, an agency shall not charge a fee for the reproduction of such\nrecord, except for the actual cost of a storage device or media if one\nis provided to the requester in complying with such request.\n (c) In determining the actual cost of reproducing a record, an agency\nmay include only:\n i. an amount equal to the hourly salary attributed to the lowest paid\nagency employee who has the necessary skill required to prepare a copy\nof the requested record;\n ii. the actual cost of the storage devices or media provided to the\nperson making the request in complying with such request;\n iii. the actual cost to the agency of engaging an outside professional\nservice to prepare a copy of a record, but only when an agency's\ninformation technology equipment is inadequate to prepare a copy, if\nsuch service is used to prepare the copy; and\n iv. preparing a copy shall not include search time or administrative\ncosts, and no fee shall be charged unless at least two hours of agency\nemployee time is needed to prepare a copy of the record requested. A\nperson requesting a record shall be informed of the estimated cost of\npreparing a copy of the record if more than two hours of an agency\nemployee's time is needed, or if an outside professional service would\nbe retained to prepare a copy of the record.\n 2. Each agency shall, in accordance with its published rules, make\navailable for public inspection and copying all records, except those\nrecords or portions thereof that may be withheld pursuant to the\nexceptions of rights of access appearing in this subdivision. A denial\nof access shall not be based solely on the category or type of such\nrecord and shall be valid only when there is a particularized and\nspecific justification for such denial. Each agency shall, in accordance\nwith its published rules, make available for public inspection and\ncopying all records, except that such agency may deny access to records\nor portions thereof that:\n (a) are specifically exempted from disclosure by state or federal\nstatute;\n (b) if disclosed would constitute an unwarranted invasion of personal\nprivacy under the provisions of subdivision two of section eighty-nine\nof this article;\n (c) if disclosed would impair present or imminent contract awards or\ncollective bargaining negotiations;\n (d) are trade secrets or are submitted to an agency by a commercial\nenterprise or derived from information obtained from a commercial\nenter
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