FOIL - BOCES Election Communications (Guilderland Central School District, Guilderland Center)

To Whom It May Concern:

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

Any and all documents and communications with BOCES in regards to school board elections for the past 60 days.

Any and all documents and communications with NYSSBA in regards to school board elections for the past 60 days.

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

Hello,

Please find the request form attached. Thank you for your help with this request.

Sincerely,
MuckRock

Thank you for the response.

Only the first page of results pertains to NYSSBA, and refers to only being the first page in a 2 page email. Please also be sure to include any records relating to BOCES.

Can you please provide a Public Officer's Law § 89(3) certification for your determination related to the request which seeks the following records:
- Any and all documents and communications with BOCES in regards to school board elections for the past 60 days.
- Any and all documents and communications with NYSSBA in regards to school board elections for the past 60 days.

Such certification would clearly note that you do not have possession and/or that such records were not found after a diligent search.

Please note the following:
§86(4) defines the term "record" expansively to include:
"any information kept, held, filed, produced, reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes."

thank you. Also just to confirm, you did not receive any surveys from NYSSBA asking for names / information regarding candidates running for board. Curious why you may be one of only a few districts to not receive this ask from NYSSBA.

Based on the fact that records were not complete, and response did not provide certification, I hereby appeal the denial of access regarding my request, which was rejected on May 9, 2022 and made on May 6, 2022 and sent to:
Kelly Zurakowski
Benefits Coordinator
Guilderland Central School District

The records that were denied include:

Any and all documents and communications with BOCES in regards to school board elections for the past 60 days.

Any and all documents and communications with NYSSBA in regards to school board elections for the past 60 days.

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.