Freedom of Information Law (FOIL) Policy

The Freedom of Information Law (Public Officers Law §§ Article 6 Sections 84–90) requires that the State University of New York (University) make certain records available to the public. The law requires each campus and the system administration of the University to designate records access officers.

Date	Version Number	Change Description	Referenced Section
Pre-2006	1.0	New Document	Entire Document
12/29/16	1.1	Minor Revisions
12/9/18	1.2	Minor Revisions
1/8/26	2.0	Major Revision	Entire Document

 Review Process / Approval

Action:	Units	Date
Policy Review	Management Services
Policy Approval	Executive Council

All current and former employees where responsive records are maintained by the University.

Record — Any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

Disciplinary Records means records relating to the administration of Section 75 of the Civil Service Law, or the relevant sections of collective bargaining agreements negotiated in lieu of Section 75 of the Civil Service Law (i.e. Article 33 for CSEA and PEF and Article 8 for NYSCOPBA). Final/adjudicated disciplinary records are filed in an employee’s Official Personnel File.

Human Resource and Payroll Services Files — The files maintained by Human Resource and Payroll Services contain memoranda or documents relating to the employee’s employment, including appointment, benefit, work performance, and disciplinary records.

Departmental Records Coordinators — Senior Administratives appoint a department record coordinator to manage records and submit requests to dispose of state records to the campus Records Access Officer (RAO) throughout the calendar year. The coordinator is responsible for obtaining training and information regarding  University records management policies from the RAO.

Records Access Officer (RAO) — means the person or persons designated by the University with the responsibility of coordinating a response to FOIL requests for records.

Senior Administrative Officer — The senior administrative officer in each division or department will assign a Departmental Records Coordinator and will notify the Records Access Officer (RAO) when a change is made.

Record Access Officer (RAO) — The Freedom of Information Law (Public Officers Law §§ Article 6 Sections 84–90) requires each campus to designate a record access officer. Requests for information are managed by the RAO. RAO’s are responsible for collaborating with Department Record Custodians to determine if there are responsive records to a FOIL request and managing deadlines and applicable exemptions prior to release of records. RAO’s also promote campus-wide compliance with records management policies and best practices.

Human Resource and Payroll Services Coordinators — Provide responsive employee discipline records to RAO in response to the foil request and distribute notification to current and former employees as outlined in section 7.0.

Departmental Records Coordinators — Comply with all directives of the Record Access Officer (RAO). Understand the record management retention and disposal schedules for their departments records (electronic and paper). Comply with applicable laws, regulations and policies. Upon receipt of a FOIL request, work collaboratively with the RAO to take steps to explore the existence of records as instructed by the FOIL request, no matter where it is located. Provide RAO with information on the potential sources, locations and other records in , their possession or control, without the obligation to create a record but to provide existing responsive records to fulfill the request. If no records could be found following a diligent search, the Records Custodian will notify the RAO of this outcome within 20 business days.

Procedure for Release of Employee (Current or Former) Disciplinary Records:

7.1 When a FOIL request for an employee’s disciplinary records has been completed, the impacted current or former employee is to be notified that the requested information has been provided.

7.2 The Records Access Officer shall notify the Assistant Vice President of Human Resource and Payroll Services when an employee’s disciplinary records are released pursuant to a FOIL request.

7.3 The Assistant Vice President of Human Resource and Payroll Services shall then notify the impacted current or former employee in writing, copying the FOIL Records Access Officer.

7.4 This notification is to be provided in writing after the records have been released. Email is the preferred method of communication. When this is not viable, personal service and/or mail is appropriate. The University shall make all reasonable efforts to provide written notification to former employees.

7.5 The FOIL Records Access Officer shall maintain a record of this notification.

For all other FOIL requests, follow procedures outlined in the Freedom of Information Law (Public Officers Law §§ Article 6 Sections 84–90) and SUNY FOIL policy 6601, including adherence to all response deadlines, applying applicable exemptions prior to release of responsive records. Denial of FOIL requests may be appealed to the SUNY FOIL Appeals Officer.

• FOIL Request Form

• SUNY FOIL Policy
• SUNY Plattsburgh Campus Records Management & FOIL Web Page
• SUNY Records Retention and Disposition Policy

Method	Date
Campus Handbook	1/14/26
Faculty / Staff Digest	1/14/26
Student Digest	N/A
Other	N/A

There are no specific trainings identified with this policy.