FOIL: Responsible Party Identification and Communications (Berne-knox-westerlo Central School District)

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

For School Year 2021-2022 (July 1, 2021 to June 30, 2022), who was the "Responsible Party" designated by your school district, as defined in pg. 1-2 of the New York State Department of Health's Interim Guidance For In-person Instruction at Pre-K through 12 Schools During the Covid-19 Public Health Emergency (Pre-K_to_Grade_12_Schools_MasterGuidance.pdf) (https://www.governor.ny.gov/sites/default/files/atoms/files/Pre-K_to_Grade_12_Schools_MasterGuidance.pdf, June 7, 2021), for:

• "...developing the plan, affirming to have read and adhere to this guidance, and meeting the standards set forth herein." pg 1
• for designated activities under the following headings outlined in the same document:
o Core Health and Safety Principles and Definitions
o Plan Requirements
o Monitoring
o Containment
o Closure

Please provide bonding and insurance information for all whom have been designated as the "Responsible Party" or one of several "Responsible Parties" for the above stated activities.

Please provide all plans, changes, amendments, and updates to the plans for reopening and operating during the COVID-19 public health emergency from July 1, 2021 to present, that were submitted to the New York State Department of Health (DOH) and the New York State Department of Education (NYSED) by your school district. Please include all affirmations to the Pre_K_to_Grade_12_Schools_MasterGuidance.pdf received in the district office and/or delivered to the New York State DOH or/and NYSED during the same time frame.

Please provide all correspondences regarding the plan TO and FROM the designated Responsible Party or Responsibility Parties to the New York State DOH, NYSED and the county or Local Health Department from July 1, 2021 to present.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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,

Jackson Parker

Thank you for your response. Just to clarify one of your statements which is not responsive.

"Please provide all correspondences regarding the plan TO and FROM the designated Responsible Party or Responsibility Parties to the New York State DOH, NYSED and the county or Local Health Department from July 1, 2021 to present."

**This would include email communications and physical documents that were exchanged between the responsible party and New York State DOH, NYSED and the county or Local Health Department - including draft documents, meeting minutes, meeting notes and electronic mail (eMail), as well as calendar and schedules which would provide information regarding correspondence that may not be recorded in documentation in detail, but is recorded in calendar systems and agendas which are responsive documents.

If you are withholding any responsive documents, please provide the nature of the specific documents and the specific state or federal statute that makes you exempt from responding.

I hereby appeal the denial of access regarding my request, which was made on February 7, 2022 (date) and sent to:
Anne Farnam, Records Access Officer
Berne-Knox-Westerlo Central School District
1738 Helderberg Trail
Berne, New York 12023

The records that were denied include:

1. Bonding and Insurance information for all whom have been designated as the “Responsible Party” or one of several “Responsible Parties” for the following:

For School Year 2021-2022 (July 1, 2021 to June 30, 2022), who was the "Responsible Party" designated by your school district, as defined in pg. 1-2 of the New York State Department of Health's Interim Guidance For In-person Instruction at Pre-K through 12 Schools During the Covid-19 Public Health Emergency (Pre-K_to_Grade_12_Schools_MasterGuidance.pdf) (https://www.governor.ny.gov/sites/default/files/atoms/files/Pre-K_to_Grade_12_Schools_MasterGuidance.pdf, June 7, 2021), for:
• "...developing the plan, affirming to have read and adhere to this guidance, and meeting the standards set forth herein." pg 1
• for designated activities under the following headings outlined in the same document:
o Core Health and Safety Principles and Definitions
o Plan Requirements
o Monitoring
o Containment
o Closure

2. All correspondance regarding the plan TO and FROM the designated Responsible Party or Responsibility Parties to the New York State DOH, NYSED and the county or Local Health Department from July 1, 2021 to preset

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, 41 State Street, Albany, New York 12231.