NYS FOIL - Legality and Safety (Cobleskill-richmondville Central School District)

To Whom It May Concern:

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

Any documents and communications regarding any steps the district took to verify the implementation of the recommendations, guidelines, best practices, procedures, mandates and/or requirements issued by the CDC, or NYS Health Department, or any other regulatory body, did not violate any of the following laws:

New York Constitution Article 1 section 1 - Rights, Privileges and Franchise Secured
New York Constitution Article 1 section 3 - Religious exemptions
New York Constitution Article 1 section 8 - Freedom of speech
New York State Office of the Professions Code 6522 - Practicing medicine without a license
New York Consolidated Law PEN 190.26 2 - Enforcing laws without legal authority to do so.
New York Civil Rights Law Article 4 Section 40 - Equal rights
New York civil rights law article 4 section 40-C - Equal protection
New York Human Rights Law Article 5 Section 2 - Aggrieved by unlawful discriminatory practices.
New York Office of Professions Code 29 b1 (Title 8, part 29) willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession;
New York penal code 135.60 - Coercion
New York penal code 240.20 - Disorderly conduct
New York penal code 120.14 - Menacing in second degree
New York penal code 135.60 - Coercion in third degree
New York penal code 145.15 - Criminal tampering in second degree
New York penal code 240.35 - Loitering
New York Penal code 260.10 - Endangering the welfare of a child
21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies

Any documents and communications regarding any steps the district took to verify the FDA Approved vaccine Comirnaty, was being administered, as advertised, at district funded and/or promoted events.

Any documents and communications regarding any steps the district took to verify the available EUA Vaccine was interchangeable with the unavailable FDA Approved vaccine Comirnaty.

Any documents and communications regarding any steps the district took to verify the legality of mandating the EUA vaccine for 5-11 year olds.

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

We are still interested in this request and your response you anticipated would be available on March 31, 2022.

Please advise on the status.

I am writing to formally appeal the summary denial of my Freedom of Information Law (FOIL) request, submitted to the Cobleskill-Richmondville Central School District on February 17, 2022.

Background:
My original request, dated February 17, 2022, sought detailed information regarding the steps the district took to verify the implementation of various recommendations, guidelines, and mandates related to the COVID-19 public health emergency, ensuring they did not violate a list of specified laws. The district acknowledged the request on February 28, 2022, and anticipated a response by March 31, 2022. However, on June 2, 2022, the district informally responded that no such records exist. A follow-up on June 22, 2023, reiterated this claim without providing an official response with certification.

Reason for Appeal:

1. Summary Denial: The district’s informal response that “no such records exist” is concerning, given the detailed nature of the original request. It is difficult to believe that the district took no steps to verify the legality and safety of its actions, especially in light of the numerous laws and regulations specified in the request.
2. Lack of Transparency and Certification: The district’s response does not provide any clarity or insight into its decision-making processes or the steps it took to ensure compliance with the laws and regulations in question. Moreover, the lack of an official response with certification raises concerns about the validity and completeness of the district’s response.

Requested Action:
I kindly request that the Cobleskill-Richmondville Central School District re-evaluate my FOIL request and provide a more detailed, certified response. If there are valid reasons for withholding any specific records, I request that the district provide a clear and specific explanation for each exemption applied, as required by law.

I understand the challenges that public entities may face in processing FOIL requests, but the summary denial without clear justification and certification is concerning. I trust that the district will uphold its obligations under the FOIL and provide a more detailed and certified response to my request.

Thank you for your attention to this matter. I look forward to a timely resolution of this appeal.