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Regulations in Full

Freedom of Information Law

PUBLIC ACCESS TO RECORDS OF SUNY UPSTATE MEDICAL UNIVERSITY

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Section 1 Purpose and scope.

(a)人民有权了解政府决策的过程以及导致决策的文件和统计数据,这是我们社会的基本权利. Access to such information should not be thwarted by shrouding it with the cloak of secrecy of confidentiality.
(b) These regulations provide information concerning the procedures by which records may be obtained.
(c) Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
(d) Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

Section 2 Designation of Records Access Officer.

(a) SUNY UPSTATE MEDICAL UNIVERSITY is responsible for insuring compliance with the regulations herein, and designates the following person(s) as records access officer(s):

Michael V. Jurbala, Institutional Privacy/FOIL Officer
Email Address foil at 337jy.com
SUNY Upstate Medical University
Institutional Privacy Office
750 East Adams Street
Syracuse, NY 13210
Phone: (315) 464-4692

(b) The records access officer is responsible for insuring appropriate agency response to public requests for access to records. 指定记录查阅官员不得被解释为禁止过去已获授权向公众提供记录或信息的官员继续这样做.

The records access officer shall insure that agency personnel:
(1) Maintain an up-to-date subject matter list.
(2) Assist persons seeking records to identify the records sought, if necessary, and when appropriate, indicate the manner in which the records are filed, retrieved or generated to assist persons in reasonably describing records.
(3) Contact persons seeking records when a request is voluminous or when locating the records involves substantial effort, so that personnel may ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested.
(4) Upon locating the records, take one of the following actions:

(i) Make records available for inspection; or,
(ii) Deny access to the records in whole or in part and explain in writing the reasons therefore.

(5) Upon request for copies of records:

(i) Make a copy available upon payment or offer to pay established fees, if any, in accordance with Section 8; or,
(ii) Permit the requester to copy those records.

(6) Upon request, certify that a record is a true copy ; and
(7) Upon failure to locate records, certify that;

(i) SUNY Upstate Medical University is not the custodian for such records, or
(ii) The records of which SUNY Upstate Medical University is a custodian cannot be found after diligent search.

Section 3 Location

Records shall be available for public inspection and copying at:

SUNY Upstate Medical University
Institutional Privacy Office, Suite 130A
5793 Widewaters Parkway
Dewitt, NY 13214
For the purpose of making an appointment, please contact:
Name Cynthia Nappa

Title Institutional Privacy/FOIL Officer
Address SUNY Upstate Medical University
Institutional Privacy Office, Suite 130A
5793 Widewaters Parkway
Dewitt, NY 13214
Phone No. (315) 464-6135

Section 4 Hours for Public Inspection

Requests for public access to records shall be accepted and records produced during all hours regularly open for business.
These hours are:
8:00 AM – 5:00 PM

Section 5 Requests for Public Access to Records

(a) A written request may be required, but oral requests may be accepted when records are readily available.
(b)机构将接受以电子邮件形式提出的请求,并在其能力范围内以电子邮件答复这种请求, provided that the written requests do not seek a response in some other form.

(1) The e-mail address for purposes of receiving requests for records via e-mail is: foil at 337jy.com
(2) The Committee on Open Government has developed a model e-mail request form for the purpose of electronically requesting records.

(c) If records are maintained on the internet, 应告知请求人,这些记录可通过互联网访问,也可以纸质或其他信息存储介质的打印形式访问.
(d) A response shall be given within five business days of receipt of a request by:

(1) Informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described;
(2) Granting or denying access to records in whole or in part;
(3) Acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, 在请求的情况下,哪一个是合理的,并且不应超过确认日期后的二十个工作日, or if it is known that circumstances prevent disclosure within twenty business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part; or
(4)如果收到的请求以书面形式确认,并包括在确认后二十个工作日内全部或部分批准请求的大致日期, but circumstances prevent disclosure within that time, 在此确认后二十个工作日内提供书面声明,说明无法这样做的原因和确定的日期, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part.

(e) In determining a reasonable time for granting or denying a request under the circumstances of a request, personnel shall consider the volume of a request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed, the number of requests received by the agency, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time.
(f) A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed. Such failure shall include situations in which an officer or employee:

(1) Fails to grant access to the records sought, deny access in writing or acknowledge the receipt of a request within five business days of the receipt of a request;
(2)在五个工作日内确认收到请求,但未能提供批准或全部或部分拒绝请求的大致日期;
(3)在五个工作天内确认收到要求,并提供在该要求的情况下不合理地准予或拒绝全部或部分查阅的大致日期;
(4)未在给出的大致日期后的合理时间内或在确认收到请求之日起二十个工作日内对请求作出答复;
(5) Determines to grant a request in whole or in part within twenty business days of the acknowledgment of the receipt of a request, but fails to do so, 除非该机构以书面形式提供其无法这样做的原因和将全部或部分批准该请求的确定日期;
(6) Does not grant a request in whole or in part within twenty business days of the acknowledgment of the receipt of a request and fails to provide the reason in writing explaining the inability to do so and a date certain by which the request will be granted in whole or in part; or
(7) Responds to a request, 说明批准或拒绝全部或部分请求需要超过二十个工作日,并提供完成请求的确定日期, but such date is unreasonable under the circumstances of the request.

Section 6 Subject Matter List

(a) The records access officer shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to subdivision two of Section eighty-seven of the Public Officers Law.
(b) The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
(c) The subject matter list shall be updated annually. The most recent update shall appear on the first page of the subject matter list.
(d) Effective 3/1/09, 根据信息自由法可访问的纽约州立大学推荐最近最火的赌博软件医科大学主题清单包括以下类别:

  • Education
  • Personnel
  • Purchasing
  • Contracts
  • Business Operations
  • Marketing
  • Risk Management
  • Quality Assurance
  • Legal

Section 7 Denial of Access to Records

(a)拒绝查阅记录应以书面形式,说明理由,并告知请求人有权向为裁决上诉而设立的个人或机构提出上诉, [who or which] shall be identified by name, title, business address and business phone number.
(b) If requested records are not provided promptly, as required in Section 5 of these regulations, such failure shall also be deemed a denial of access.
(c) The following person or persons or body shall determine appeals regarding denial of access to records under the Freedom of Information Law:

Stacey Hengsterman, FOIL Appeals Officer (Phone: TBD)
SUNY System Administration
University Relations, T-10
State University Plaza
Albany, NY 12246

(d) Any person denied access to records may appeal within thirty days of a denial.
(e)由指定决定上诉的个人或机构决定上诉的时间应在收到书面上诉后开始,该书面上诉应指明:

(1) The date and location of requests for records;
(2) A description, to the extent possible, of the records that were denied; and
(3) The name and return address of the person denied access.

(f)未能在收到上诉后10个工作日内作出决定,允许查阅所要求的记录,或以书面充分解释进一步拒绝的理由,即构成拒绝上诉.
(g)指定决定上诉的人或机构在收到上诉后,应将所有上诉的副本送交政府公开委员会. Such copies shall be addressed to:

Committee on Open Government
Department of State
41 State Street
Albany, NY 12231

(h)被指定决定上诉的人或机构应在收到上诉后十个工作日内将其决定以书面通知上诉人和政府公开委员会. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth subdivision (f) of this section.

Section 8 Fees

(a) There shall be no fee charged for:

(1) Inspection of records;
(2) Search for records; or
(3) Any certification pursuant to this part.

(b) Paper copies may be provided without charging a fee, if copies total less than 10 pages.
(c) Fees for paper copies may be charged, provided that:

(1) The fee for copying records shall not exceed 25 cents per page for photocopies not exceeding 9 by 14 inches.
(2) The fee for copies of records not covered by paragraphs (1) and (2) of this subdivision, shall not exceed the actual reproduction cost which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries.

(d) Fees for duplication using electronic medium:

(1)根据所使用的存储介质的成本以及具有所需技能的最低工资雇员的小时工资收取费用.
(2) A charge that reflects the actual cost of engaging a private professional service if the agency’s equipment is incapable of preparing a copy.

(e)如果需要超过两小时的雇员时间或外部专业服务来制作记录的副本,申请人会被事先告知复制费用.

Section 9 Public Notice

须将载有查阅纪录主任及上诉人士或团体的名称或名称及业务地址,以及可查阅纪录或提供纪录副本的地点的通知,张贴在备存纪录或供查阅纪录的显眼位置,及/或刊登在本地的一般发行报纸上.

Section 10 Severability

如果本条例的任何条款或其对任何人或情况的适用被有管辖权的法院裁定无效, 该判决不影响或损害本条例其他条款的效力,也不影响或损害本条例其他条款对其他人和其他情况的适用.

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