Subject matter listing (Auburn Enlarged City School District)
| Submitted | Dec. 12, 2014 |
| Est. Completion | None |
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Communications
From: Benjamin Lesser
To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:
A copy of the current list by subject matter, of all records in the possession of the agency.
Per NEW YORK PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(3):
"Each agency shall maintain:
[....]
(c) a reasonably detailed current list by subject matter, of all records in the possession of the agency, whether or not available under this article. Each agency shall update its subject matter list annually, and the date of the most recent update shall be conspicuously indicated on the list."
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Benjamin Lesser
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 12, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Loretta VanHorn
To Whom It May Concern:
Our office is currently working on your (4) FOIL requests. These requests
are going to require more time to complete. Therefore, this email is to
inform you that we will continue to work on these requests and once
completed, the information will be forwarded to you at that time.
Sincerely,
Loretta Van Horn
Records Access Officer
Personnel Clerk/District Clerk
Auburn Enlarged City School District
(315) 255-8850 (phone)
(315) 252-5248 (fax)
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 12, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Loretta VanHorn
This email is in response tot he FOIL request that was requesting the
following information:
*
>A copy of the current list by subject matter, of all records in the
>possession of the agency.
The District does not keep such a list.
This email is to complete this FOIL request.
Thank you,
Loretta
Sincerely,
Loretta Van Horn
Records Access Officer
Personnel Clerk/District Clerk
Auburn Enlarged City School District
(315) 255-8850 (phone)
(315) 252-5248 (fax)
requests@muckrock.com writes:
>
>January 21, 2015
>Auburn Enlarged City School District
>Auburn Enlarged City School District
>Harriet Tubman Administration Building
>78 Thornton Avenue
>Auburn, NY 13021
>
>This is a follow up to a previous request:
>
>To Whom It May Concern:
>
>I wanted to follow up on the following Freedom of Information request,
>copied below, and originally submitted on Dec. 12, 2014. Please let me
>know when I can expect to receive a response, or if further clarification
>is needed.
>
>Thank you for your help.
>
>---
>
>On Jan. 6, 2015:
>
>To Whom It May Concern:
>
>Our office is currently working on your (4) FOIL requests. These requests
>are going to require more time to complete. Therefore, this email is to
>inform you that we will continue to work on these requests and once
>completed, the information will be forwarded to you at that time.
>
>Sincerely,
>Loretta Van Horn
>Records Access Officer
>Personnel Clerk/District Clerk
>Auburn Enlarged City School District
>(315) 255-8850 (phone)
>(315) 252-5248 (fax)
>
>---
>
>On Jan. 6, 2015:
>
>To Whom It May Concern:
>
>I wanted to follow up on the following Freedom of Information request,
>copied below, and originally submitted on Dec. 12, 2014. Please let me
>know when I can expect to receive a response, or if further clarification
>is needed.
>
>Thank you for your help.
>
>---
>
>On Dec. 12, 2014:
>
>To Whom It May Concern:
>
>Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws
>ch. 933), I hereby request the following records:
>
>A copy of the current list by subject matter, of all records in the
>possession of the agency.
>
>Per NEW YORK PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(3):
>
>"Each agency shall maintain:
>
>[....]
>
>(c) a reasonably detailed current list by subject matter, of all records
>in the possession of the agency, whether or not available under this
>article. Each agency shall update its subject matter list annually, and
>the date of the most recent update shall be conspicuously indicated on
>the list."
>
>I also request that, if appropriate, fees be waived as I believe this
>request is in the public interest. The requested documents will be made
>available to the general public free of charge as part of the public
>information service at MuckRock.com, processed by a representative of the
>news media/press and is made in the process of news gathering and not for
>commercial usage.
>
>In the event that fees cannot be waived, I would be grateful if you would
>inform me of the total charges in advance of fulfilling my request. I
>would prefer the request filled electronically, by e-mail attachment if
>available or CD-ROM if not.
>
>Thank you in advance for your anticipated cooperation in this matter. I
>look forward to receiving your response to this request within 5 business
>days, as the statute requires.
>
>Sincerely,
>
>Benjamin Lesser
>
>Filed via MuckRock.com
>E-mail (Preferred): requests@muckrock.com
>
>For mailed responses, please address (see note):
>MuckRock News
>DEPT MR 14630
>PO Box 55819
>Boston, MA 02205-5819
>
>PLEASE NOTE the new address as well as the fact that improperly addressed
>(i.e., with the requester's name rather than MuckRock News) requests
>might be returned by the USPS as undeliverable.
>
>
>
>[Image]
From: MuckRock
Hello,
Per the statute cited below, each agency is required to keep a list such as the one requested here. Please confirm that the district does not maintain such a list, and whether a list comprising documents maintained by the district is contained within another document maintained by a higher agency.
Thank you.
From: Loretta VanHorn
Yes I am confirming that the District does not have a compiled list by
subject matter, of all records in the
possession of the agency.
Thank you,
Loretta
Sincerely,
Loretta Van Horn
Records Access Officer
Personnel Clerk/District Clerk
Auburn Enlarged City School District
(315) 255-8850 (phone)
(315) 252-5248 (fax)
requests@muckrock.com writes:
From: MuckRock
Hello,
Please provide the individual and/or office to which an appeal of this determination should be sent.
Thank you.
From: Loretta VanHorn
Our appeals officer is Jeffrey Pirozzolo. He has been cc'd on this email.
Thank you,
Loretta
Sincerely,
Loretta Van Horn
Records Officer
Personnel Clerk/District Clerk
Auburn Enlarged City School District
(315) 255-8850 (phone)
(315) 252-5248 (fax)
requests@muckrock.com writes:
From: MuckRock
Dear Jeffrey Pirozzolo,
I hereby appeal the denial of access regarding my request, which was made on
December 12, 2014 and sent to the Auburn Enlarged City School District
The request sought a subject matter list of all records in the possession of the school district. The request was denied in a response dated January 29, 2015, in which the records access officer for the Auburn Enlarged City School District stated that “[t]he District does not keep such a list.”.
I am writing to confirm that the District does not keep such a list, because the District is required to do so by state law. Section 87(3) of the New York Freedom Of Information Law states
“Each agency shall maintain:
…
(c) a reasonably detailed current list by subject matter, of all records in the possession of the agency, whether or not available under this article. Each agency shall update its subject matter list annually, and the date of the most recent update shall be conspicuously indicated on the list."[1]
The Auburn Auburn Enlarged City School District is an agency subject to the Freedom of Information Law; New York state courts have repeatedly stated that public school districts are “agencies” under this law. [2]
Please confirm that the District does not keep a subject matter list of all records, and that no higher agency maintains such a list on the District’s behalf. The list may also be referred to as a “record retention schedule.”
As required by the Freedom of Information Law, the head or governing body of an
agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all
appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.
Sincerely,
Benjamin Lesser
=======
[1] The full text of the Freedom of Information Law is available at http://www.dos.ny.gov/coog/foil2.html#s87. The Freedom of Information Law is formally titled Public Officers Law, Article 6, §§86-90.
[2] See Gannett Co. v. Rochester City Sch. Dist 684 N.Y.S.2d 757, 758 (N.Y. Sup. Ct. 1998) (“It is undisputed that the Rochester City School District (RCSD) is an ‘agency.’”)
From: Jeffrey Pirozzolo
Dear Mr. Lessor,
This email is to serve as answer to your appeal in regards to the FOIL
request in which you asked for the following:
*** a subject matter list of all records in the possession of the school
district***
This request was denied in a response dated January 29, 2015, in which the
records access officer for the Auburn Enlarged City School District stated
that [t]he District does not keep such a list..
In your appeal, you ask that I please confirm that the District does not
keep a subject matter list of all records, and that no higher agency
maintains such a list on the Districts behalf and you stated that the
list may also be referred to as a record retention schedule.
I am writing to confirm that the District does not keep such a list,
however we have separate data bases that we use to track information
within the District but do not have one consolidated list.
Thank you,
Jeff Pirozzolo
Assistant Superintendent for Personnel
Appeals Officer
Auburn Enlarged City School District
(315) 255-8809
requests@muckrock.com writes:
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