July 6, 2004


Mr. Benedict C. DiVenti Jr.
Certified Public Accountant
67 Grand Avenue
Massapequa, NY 11758

Dear Mr. DiVenti:

I have received your letter in which you requested certain records from this office.

In this regard, I note that the Committee on Open Government is authorized to provide advice and opinions pertaining to the Freedom of Information Law. The Committee does not have custody or control over records generally. In short, I cannot provide access to the records to which you referred because this office does not possess them.

When seeking records under the Freedom of Information Law, a request should be made to the agency that maintains the records. Further, pursuant to regulations promulgated by the Committee (21 NYCRR Part 1401), each agency must designate one or more persons as "records access officer." The records access officer has the duty of coordinating an agency’s response to requests for records, and a request should ordinarily be directed to that person.

I hope that the foregoing serves to enhance your understanding of the Freedom of Information Law and that I have been of assistance.



Robert J. Freeman
Executive Director