Historical Note
Part (§§108.1-108.4) filed Oct. 21, 1983 eff. Nov. 1, 1983.

§ 108.1 Current list.
The current list is a reasonably detailed list by subject matter of any records produced, filed, or first kept or promulgated and maintained by the Thruway Authority after September 1, 1974 and available for public inspection and copying, as set forth in this Part.

Historical Note
Sec. filed Oct. 21, 1983 eff. Nov. 1, 1983.

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§ 108.2 Records available for inspection and copying; fees.

• General public.
  • Records, generally.
    • final opinions, including concurring and dissenting opinions, as well as order, made in the adjudication of cases;
    • final determinations and dissenting opinions of members of the Thruway Authority board;
    • a record of final votes of each board member;
    • those statements of policy and interpretations which have been adopted by the Thruway Authority and any documents, memoranda, data, or other materials constituting statistical or factual tabulations which led to the formulation thereof;
    • minutes of meetings and of public hearings held by the Thruway Authority board;
    • internal or external audits and statistical or factual tabulations made by or for the Thruway Authority; and
    • administrative staff manuals and instruction to staff that affect members of the public.
  • Availability of records.
    The foregoing records are on file in the administration building of the New York State Thruway Authority, located at 200 Southern Boulevard, Albany, NY 12209, and are available for inspection and copying during regular working hours and regular working days. Requests for copies of records should be directed to the Thruway Authority's board administrator at this address.
• Payroll records.
  • Upon written notice, bona fide members of the news media and any person demonstrating sufficient interest therein may inspect an itemized records compiled by the Thruway Authority's director of thruway finance, setting forth the name, address, title and salary of every officer or employee of the Thruway Authority.
  • The written notice shall be made upon a form to be prescribed by the Comptroller of the State of New York and shall be reasonable and specify what records are to be requested with particularity.
  • The records may be inspected in the office of the Thruway Authority's director of thruway finance, located at the administration building, 200 Southern Boulevard, Albany, NY 12209, under the supervision of the director of thruway finance during regular working hours and regular working days.
• Fees for search and transcript.
  • For certifying a search of any records, the sum of two dollars, whether or not the record is found. For preparing only, or preparing and certifying a transcript of a record or other paper, the sum of 25 cents for each page or portion of a page measuring up to 9 inch by 14 inch.
  • Reasonable fees, plus postage, will be charged for specific records.
  • Fees for copies of any other records shall be in an amount equal to the actual copying cost which is the average unit cost for copying a record, excluding fixed costs such as operator salaries.
  • The Thruway Authority's executive director may, in his discretion, waive all or any portion of the fees authorized by this subdivision for any records.

Historical Note
Sec. filed Oct. 21, 1983; amd. filed Oct. 24, 1994 eff. Nov. 9, 1994. Amended (a)(2).

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§ 108.3 Exemptions.

• Information not available, general.
  • specifically exempted by statute;
  • confidentiality disclosed to the Thruway Authority and compiled and maintained for the regulation of commercial enterprise, including trade secrets, and if openly disclosed would permit an unfair advantage to competitors of the subject enterprise but this exemption shall not apply to records, the disclosure or publication of which is directed by other statute;
  • if disclosed, would constitute an unwarranted invasion of personal privacy, as set forth in subdivision (b) of this section;
  • part of investigatory files compiled for law enforcement purposes;
  • relating to litigation, pending or threatened;
  • relating to litigation, pending or threatened;
  • inter-office "working" memoranda involved in the development of Thruway Authority programs, positions or policies;
  • inter-agency communications; and
  • not expressly required to be disclosed by the Thruway Authority under the provisions of the Freedom of Information Law, article 6, Public Officers Law.
• Identifying details, allowing unwarranted personal invasion of privacy, including, but not limited to:
  • disclosure of such personal matters as may have been reported in confidence to the Thruway Authority and which are not relevant or essential to the ordinary work of the Thruway Authority;
  • disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure;
  • disclosure of items involving employees' medical or personal records which a client or patient in a hospital or medical facility;
  • the sale or release of lists of names and addresses in the possession of the Thruway Authority if such lists would be used for private, commercial or fund-raising purposes; and
  • disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the Thruway Authority.

Historical Note
Sec. filed Oct. 21, 1983 eff. Nov. 1, 1983.

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§ 108.4 Rights of party denied access to records.
If access to a record is denied, such denial may be appealed to the executive director of the Thruway Authority. If sustained, the reasons therefor must be fully explained in writing within seven business days of the time of appeal. Such denial may be reviewed in an article 78 proceeding.

Historical Note
Sec. filed Oct. 21, 1983; amd. filed Oct. 24, 1994 eff. Nov. 9, 1994.

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