N.Y. Public Officers Law Section 86

As used in this article, unless the context requires otherwise:


“Judiciary” means the courts of the state, including any municipal or district court, whether or not of record.


“State legislature” means the legislature of the state of New York, including any committee, subcommittee, joint committee, select committee, or commission thereof.


“Agency” means any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state or any one or more municipalities thereof, except the judiciary or the state legislature.


“Record” means 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.


“Critical infrastructure” means systems, assets, places or things, whether physical or virtual, so vital to the state that the disruption, incapacitation or destruction of such systems, assets, places or things could jeopardize the health, safety, welfare or security of the state, its residents or its economy.


“Law enforcement disciplinary records” means any record created in furtherance of a law enforcement disciplinary proceeding, including, but not limited to:


the complaints, allegations, and charges against an employee;


the name of the employee complained of or charged;


the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;


the disposition of any disciplinary proceeding; and


the final written opinion or memorandum supporting the disposition and discipline imposed including the agency’s complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee.


“Law enforcement disciplinary proceeding” means the commencement of any investigation and any subsequent hearing or disciplinary action conducted by a law enforcement agency.


“Law enforcement agency” means a police agency or department of the state or any political subdivision thereof, including authorities or agencies maintaining police forces of individuals defined as police officers in section 1.20 of the criminal procedure law, a sheriff’s department, the department of corrections and community supervision, a local department of correction, a local probation department, a fire department, or force of individuals employed as firefighters or firefighter/paramedics.


“Technical infraction” means a minor rule violation by a person employed by a law enforcement agency as defined in this section as a police officer, peace officer, or firefighter or firefighter/paramedic, solely related to the enforcement of administrative departmental rules that (a) do not involve interactions with members of the public, (b) are not of public concern, and


are not otherwise connected to such person’s investigative, enforcement, training, supervision, or reporting responsibilities.


“Retiree” means a former officer or employee of an agency, the state legislature, or the judiciary who was a member of a public retirement system of the state, as such term is defined in subdivision twenty-three of Retirement & Social Security Law § 501 (Definitions)section five hundred one of the retirement and social security law and is receiving, or entitled to receive, a benefit from such public retirement system.


“Beneficiary” means a person designated by a member or retiree of a public retirement system of the state to receive retirement or death benefits following the death of the member or retiree.

Source: Section 86 — Definitions, https://www.­nysenate.­gov/legislation/laws/PBO/86 (updated Aug. 19, 2022; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Aug. 19, 2022

§ 86’s source at nysenate​.gov

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