N.Y. Public Officers Law § 86: Definitions

§ 86. Definitions. As used in this article, unless the context

requires otherwise:

1. "Judiciary" means the courts of the state, including any municipal

or district court, whether or not of record.

2. "State legislature" means the legislature of the state of New York,

including any committee, subcommittee, joint committee, select

committee, or commission thereof.

3. "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.

4. "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.

5. "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.

6. "Law enforcement disciplinary records" means any record created in

furtherance of a law enforcement disciplinary proceeding, including, but

not limited to:

(a) the complaints, allegations, and charges against an employee;

(b) the name of the employee complained of or charged;

(c) the transcript of any disciplinary trial or hearing, including any

exhibits introduced at such trial or hearing;

(d) the disposition of any disciplinary proceeding; and

(e) 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.

7. "Law enforcement disciplinary proceeding" means the commencement of

any investigation and any subsequent hearing or disciplinary action

conducted by a law enforcement agency.

8. "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.

9. "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 (c) are not otherwise connected to such

person's investigative, enforcement, training, supervision, or reporting

responsibilities.

10. "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 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.

11. "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.