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State of New York
Department of State
Committee on Open Government
One Commerce Plaza
99 Washington Ave.
Albany, New York 12231
(518) 474-2518
Fax (518) 474-1927
http://www.dos.ny.gov/coog/
99 Washington Ave.
Albany, New York 12231
(518) 474-2518
Fax (518) 474-1927
http://www.dos.ny.gov/coog/
FOIL-AO-18427
From: dos.sm.Coog.InetCoog
Sent: Thursday, March 10, 2011 4:33 PM
Subject: RE: civil service senority list
If a seniority list exists, it is clear in my opinion that it must be disclosed, notwithstanding a request that it not be made available. Judicial decisions indicate that attendance records and dates of hire pertaining to public employees are accessible. Because that is so, there would be no basis for denying access to a seniority list.
Although it may be clear that the record in question is accessible, I note that an agency may require that a request for any record be made in writing.
I hope that I have been of assistance.
Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/index/html
FOIL-AO-f18427
18427
Department of State
Committee on Open Government
One Commerce Plaza
99 Washington Ave.
Albany, New York 12231
(518) 474-2518
Fax (518) 474-1927
http://www.dos.ny.gov/coog/
99 Washington Ave.
Albany, New York 12231
(518) 474-2518
Fax (518) 474-1927
http://www.dos.ny.gov/coog/
FOIL AO 18336
From: dos.sm.Coog.InetCoog
Sent: Thursday, December 23, 2010 4:39 PM
Subject: RE: Foil Opinion
Attachments: F9736; f15263
Having recently reviewed the opinion to which you referred, I point out that it does not focus on or deal expansively with rights of access to a seniority list. Nevertheless, I believe that a record of that nature is clearly available. It was established years ago in Capital Newspapers v. Burns [67 NY2d 562 (1986)] that attendance records pertaining to public employees are accessible, and several other decisions in my view justify a conclusion that a seniority list must be disclosed.
Attached are two opinions that relate to the issue that should be helpful. If you continue to want FOIL-AO 2033, I can mail or fax it to you.
I hope that I have been of assistance.
Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/index/html
FOIL-AO-f18336
18336
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