From:   Freeman, Robert (DOS)
Sent:    Thursday, February 25, 2010 9:04 AM
Subject:           RE: Research Foundation

The City Council is subject to the provisions in FOIL applicable to “agencies”,  and as you suggested, the definition of the  term “agency” excludes the State Legislature.  Stated differently, records maintained by or for the City Council are presumed to be accessible and may only be withheld in accordance with the exceptions to rights of access appearing in §87(2) of FOIL.  That being so, I believe that an application by a nonprofit or other group seeking funding or “earmarks” would be accessible in great measure, if not in its entirety.

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