Essential Worker Criteria and Federal Collaboration for Erie County Driving Ban

To Whom It May Concern:

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

I hereby request access to and copies of records pertaining to the development and implementation of the online portal for identifying essential workers during driving bans in Erie County, specifically focusing on:

1. Criteria for Essential Workers: All documents, memos, and communications detailing the criteria used to determine who is classified as an essential worker. This includes any tiered system of worker categories and the specific roles or professions included within each category.
2. Communications with Federal Partners: All communications, including emails, letters, and meeting notes, between Erie County officials and federal government partners regarding the establishment and operation of the online portal. This request encompasses communications with direct federal partners and any intermediaries or third parties that facilitate dialogue or agreements with federal entities.
3. Agreements and Collaborations: Copies of any agreements, MOUs, or collaborative documents between Erie County and federal government partners or intermediaries related to the online portal and the identification of essential workers.
4. List of Federal Partners and Contact Information: A comprehensive list of all federal partners involved in this initiative, along with their contact information, roles, and the nature of their involvement with Erie County in this context.

Please note that this request includes any draft versions, preliminary communications, and interim reports related to the above-mentioned points.

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

I am writing to acknowledge the receipt of your response dated 1/2/2024 to my Freedom of Information Law (FOIL) request (Ref: https://www.muckrock.com/foi/erie-county-288/essential-worker-criteria-and-federal-collaboration-for-erie-county-driving-ban-156092/), submitted on 12/18/2023 via your portal.

I appreciate your attention to this matter and look forward to the timely processing of my request. As outlined in my initial inquiry, I am seeking detailed information regarding Erie County's criteria for defining "essential workers" and the county's collaboration with federal partners in developing these criteria, especially in the context of implementing driving bans during emergencies.

As reported in a recent Buffalo News article, Erie County Executive Mark C. Poloncarz mentioned the development of an online portal to identify essential workers during such emergencies. This initiative is said to involve a tiered system categorizing various workers and includes collaboration with federal entities. Understanding the specifics of this system, including the legal frameworks and guidelines that inform its implementation, is crucial for public awareness and compliance.

If there is any question regarding the context or quotes, you can find the county executives quotes in the following article along with references from that discussion by Harold McNeil who authored the article: https://buffalonews.com/news/local/erie-county-online-portal-essential-workers-driving-bans/article_4407e4d6-9ac8-11ee-a2e4-37013dee8f75.html
(Also available here: https://archive.is/Dr2oN)

In light of this, I kindly request that any communications, agreements, or documents related to the development of this portal, the criteria for determining essential workers, and the collaboration with federal partners be included in your response to my FOIL request.

I understand the complexities involved in gathering this information and appreciate your efforts to ensure a comprehensive response. Please keep me informed of any updates or if additional information is required from my end to facilitate the processing of this request.

Thank you for your continued assistance and cooperation.

NB: The text of the request submitted and received by your portal on 12/18/2024 is the following

“To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I hereby request access to and copies of records pertaining to the development and implementation of the online portal for identifying essential workers during driving bans in Erie County, specifically focusing on:
1. Criteria for Essential Workers: All documents, memos, and communications detailing the criteria used to determine who is classified as an essential worker. This includes any tiered system of worker categories and the specific roles or professions included within each category.
2. Communications with Federal Partners: All communications, including emails, letters, and meeting notes, between Erie County officials and federal government partners regarding the establishment and operation of the online portal. This request encompasses communications with direct federal partners and any intermediaries or third parties that facilitate dialogue or agreements with federal entities.
3. Agreements and Collaborations: Copies of any agreements, MOUs, or collaborative documents between Erie County and federal government partners or intermediaries related to the online portal and the identification of essential workers.
4. List of Federal Partners and Contact Information: A comprehensive list of all federal partners involved in this initiative, along with their contact information, roles, and the nature of their involvement with Erie County in this context.
Please note that this request includes any draft versions, preliminary communications, and interim reports related to the above-mentioned points.
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.

“

Corrected letter
Modifications: Date Adjustment regarding date of submission , confirming that the portal received the request on 12/18/2023 not 12/18/2024.

I am writing to acknowledge the receipt of your response dated 1/2/2024 to my Freedom of Information Law (FOIL) request (Ref: https://www.muckrock.com/foi/erie-county-288/essential-worker-criteria-and-federal-collaboration-for-erie-county-driving-ban-156092/), submitted on 12/18/2023 via your portal.

I appreciate your attention to this matter and look forward to the timely processing of my request. As outlined in my initial inquiry, I am seeking detailed information regarding Erie County's criteria for defining "essential workers" and the county's collaboration with federal partners in developing these criteria, especially in the context of implementing driving bans during emergencies.

As reported in a recent Buffalo News article, Erie County Executive Mark C. Poloncarz mentioned the development of an online portal to identify essential workers during such emergencies. This initiative is said to involve a tiered system categorizing various workers and includes collaboration with federal entities. Understanding the specifics of this system, including the legal frameworks and guidelines that inform its implementation, is crucial for public awareness and compliance.

If there is any question regarding the context or quotes, you can find the county executives quotes in the following article along with references from that discussion by Harold McNeil who authored the article: https://buffalonews.com/news/local/erie-county-online-portal-essential-workers-driving-bans/article_4407e4d6-9ac8-11ee-a2e4-37013dee8f75.html
(Also available here: https://archive.is/Dr2oN)

In light of this, I kindly request that any communications, agreements, or documents related to the development of this portal, the criteria for determining essential workers, and the collaboration with federal partners be included in your response to my FOIL request.

I understand the complexities involved in gathering this information and appreciate your efforts to ensure a comprehensive response. Please keep me informed of any updates or if additional information is required from my end to facilitate the processing of this request.

Thank you for your continued assistance and cooperation.

NB: The text of the request submitted and received by your portal on 12/18/2023 is the following

“To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I hereby request access to and copies of records pertaining to the development and implementation of the online portal for identifying essential workers during driving bans in Erie County, specifically focusing on:
1. Criteria for Essential Workers: All documents, memos, and communications detailing the criteria used to determine who is classified as an essential worker. This includes any tiered system of worker categories and the specific roles or professions included within each category.
2. Communications with Federal Partners: All communications, including emails, letters, and meeting notes, between Erie County officials and federal government partners regarding the establishment and operation of the online portal. This request encompasses communications with direct federal partners and any intermediaries or third parties that facilitate dialogue or agreements with federal entities.
3. Agreements and Collaborations: Copies of any agreements, MOUs, or collaborative documents between Erie County and federal government partners or intermediaries related to the online portal and the identification of essential workers.
4. List of Federal Partners and Contact Information: A comprehensive list of all federal partners involved in this initiative, along with their contact information, roles, and the nature of their involvement with Erie County in this context.
Please note that this request includes any draft versions, preliminary communications, and interim reports related to the above-mentioned points.
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.

“

I am writing in response to your request for additional specificity regarding my Freedom of Information Law (FOIL) request concerning the Essential Worker Criteria and Federal Collaboration for the Erie County Driving Ban.

My request clearly identifies the subject matter, includes specific search terms, provides a defined time frame, and suggests departments and officials likely to hold relevant information. This level of detail aligns with the standards set by New York case law for a “reasonably described” request:

1. Clarity of Subject Matter: As per “Matter of Data Tree, LLC v. Romaine” (9 N.Y.3d 454), my request sufficiently identifies the records sought by focusing on the Essential Worker Criteria and Federal Collaboration for the Erie County Driving Ban.
2. Scope of Search Terms: The specific terms used in my request, such as “Essential Worker Criteria,” “Federal Collaboration,” and “Driving Ban,” meet the standard of a reasonably described request outlined in “M. Farbman & Sons, Inc. v. New York City Health & Hospitals Corp.” (62 N.Y.2d 75).
3. Time Frame: The defined time period in my request is critical for narrowing down the search, in line with “Konigsberg v. Coughlin” (110 A.D.2d 1026).
4. Identification of Potential Record Holders: While individual email accounts are not specified, the suggested departments and officials are likely to hold relevant information, meeting the principle established in “Matter of Capital Newspapers Div. of Hearst Corp. v. Burns” (67 N.Y.2d 562).
5. Nature of Requested Information: The request seeks specific types of records related to a well-defined topic, as supported by “Matter of Gould v. New York City Police Dept.” (89 N.Y.2d 267).

In light of the above analysis, I respectfully request that your office commit to a diligent search for the requested records based on the criteria provided. The nature of this request, its public interest, and its alignment with FOIL guidelines necessitate a thorough and expedited response.

Please be advised that any denial or failure to comply with this request will be subject to appeal. As established in New York case law, the right to appeal is an essential component of FOIL, ensuring transparency and accountability in government operations.

I appreciate your attention to this matter and look forward to a prompt and comprehensive response.

Postscript: Regarding the Adequacy of Search Based on Personal Recollection

I wish to address a critical point regarding the search for the requested records. The responses received thus far have indicated a reliance on personal knowledge or recollection of the existence of documents. It is important to clarify that the adequacy of a FOIL search cannot be solely based on an individual’s memory or lack thereof.

As established in the case of “Key v. Hynes” (205 A.D.2d 779), the mere assertion that an individual does not recall specific documents or that they are unaware of their existence does not fulfill the obligation to conduct a diligent search under FOIL. The court in this case emphasized that an agency must make a genuine effort to search for records using the parameters provided by the requester.

Furthermore, in “New York Civil Liberties Union v. City of Saratoga Springs” (87 A.D.3d 336), the court held that an agency’s obligation under FOIL is to conduct a search reasonably calculated to uncover all relevant documents. This means that the search should not be limited to the personal knowledge of a single individual but should extend to a systematic review of the agency’s records.

Therefore, I respectfully request that the search for records responsive to my FOIL request be conducted in a manner that goes beyond individual recollection and involves a comprehensive review of relevant files, databases, and communication channels within the agency and its departments.

I trust that this clarification will guide the search process and lead to a more thorough and compliant response under the New York State Freedom of Information Law.

I am writing to provide further clarification and details for my Freedom of Information Law (FOIL) request regarding the Essential Worker Criteria and Federal Collaboration for the Erie County Driving Ban.

To specify, I am seeking records from June 14, 2022, to the present date. This 18-month period prior to the news article dated December 14, 2023, should cover the relevant development and implementation phases of the essential service portal.

Additionally, to assist in your search and ensure it is reasonably described, here are some further specific search terms and potential sources of information:

Search Terms:
- "Essential Worker Identification"
- "Driving Ban Exemptions"
- "Emergency Services Coordination"
- "Portal Development"
- "Federal Agency Collaboration"
- "Emergency Response Planning"
- "Critical Workforce Management"

Potential Sources:
- Communications from the Office of the County Executive
- Records from the Department of Emergency Services
- Emails and memos involving specific officials or departments mentioned in the news article
- Correspondence with federal agencies such as FEMA or DHS

I appreciate your commitment to a thorough and expedited search for these records. Please let me know if there is any further information I can provide to assist in this process.

Thank you for your communication dated February 12, 2024, regarding my Freedom of Information Law (FOIL) request concerning the Essential Worker Criteria and Federal Collaboration for the Erie County Driving Ban. I understand the challenges you’ve outlined regarding the search for emails without specific email addresses and the absence of departmental search capabilities.

To assist in narrowing down the search and making it less time-consuming, I offer the following additional information and clarification:

1. Date Range: As specified in my previous communication, the relevant date range for the search is from June 14, 2022, to the present. This period is critical as it encompasses the development and implementation phases of the essential service portal as discussed in public statements.
2. Search Terms: I appreciate the need for specific search terms to facilitate the query. In addition to the terms previously provided, consider including variations and abbreviations that may have been used in communications, such as “EW criteria,” “federal collab,” “driving ban portal,” and “essential personnel.”
3. Potential Sources: While I understand the limitation of not being able to search by department, I suggest focusing on individuals known to be involved in emergency management and response initiatives within Erie County. This includes, but is not limited to, officials within the Office of the County Executive and the Department of Emergency Services. Public statements and articles have mentioned Erie County Executive Mark C. Poloncarz in relation to the portal’s development; communications involving his office may be a fruitful starting point.
4. LGS-01 Obligations: It’s pertinent to note that under the Local Government Schedule (LGS-01), Erie County has obligations to retain, archive, and make accessible records related to government operations and decisions. This includes initiatives such as the essential worker portal, which is of significant public interest.
5. Commitment to a Diligent Search: I respectfully request a commitment to a diligent search based on the clarified criteria provided. The public interest in understanding the criteria for essential workers during driving bans and the collaboration with federal entities underscores the importance of this request.

I understand the complexities involved in processing FOIL requests and appreciate your efforts to comply with the law. Please consider this letter as an attempt to work collaboratively towards fulfilling the request in a manner that respects both the spirit and letter of the Freedom of Information Law.

Thank you for your attention to this matter. I look forward to your response and am available for any further clarification or assistance that may facilitate the processing of this request.

Thank you for your diligent efforts in conducting a search for records pertaining to my Freedom of Information Law (FOIL) request on the Essential Worker Criteria and Federal Collaboration for the Erie County Driving Ban, as indicated in your recent communication dated February 12, 2024.

I appreciate the identification of at least 161 emails that potentially match the search criteria provided. I understand the challenge presented by the presence of duplicates and emails labeled as “marketing” or “bulk.” However, I would like to emphasize the importance of including all records in their entirety, including duplicates, in the response to my request. The metadata contained in email headers, including forwarding information and timestamps, is crucial for understanding the context and distribution of communications regarding the essential worker criteria and federal collaboration.

To facilitate a comprehensive review while acknowledging the volume of records:

1. Inclusion of All Records: Please include all identified records, regardless of duplication, in your review and eventual release. The metadata in these records, including duplicates, is valuable for a full understanding of the communications’ scope and dissemination.
2. Efficient Review Process: While I recognize the effort required to review each email, I trust that your office will conduct this review as efficiently as possible, ensuring that all potentially relevant information is carefully considered.
3. Open to Dialogue: Should there be any concerns about the volume of records or the review process, I am open to discussing ways to facilitate this task. My primary interest is in ensuring that the public has access to comprehensive information on this matter.
4. Rolling Release: If feasible, I would appreciate a rolling release of records as they are reviewed and deemed relevant. This approach would expedite access to information and assist in maintaining transparency throughout the review process.

I am grateful for your commitment to transparency and diligence in handling this FOIL request. The information sought is of significant public interest, and its release will contribute to a better understanding of Erie County’s policies and collaborations during critical times.

Thank you once again for your efforts. I look forward to your updates on the review process and the provision of the requested records.