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This entry was published on 2022-08-19
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Public Officers (PBO) CHAPTER 47, ARTICLE 6
§ 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

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

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

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.