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