calendar & visitor logs

Luke Stoddard Nathan filed this request with the New York State Education Department of New York.
Tracking #

FL-OM-17/458

Status
Completed

Communications

From: Luke Stoddard Nathan

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:

- the (a) official calendar or planner or schedule and (b) office visitor log(s) of MaryEllen Elia that encompass the time period of June 5, 2017 through June 16, 2017.

If my request is too broad or does not adequately describe the Records, please contact me so that I may clarify my request, and when appropriate inform me of the manner in which Records are filed, retrieved or generated.

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,

Luke Stoddard Nathan

From: FOIL

Dear Mr. Stoddard Nathan:

This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding the Commissioner's calendar and visitors. The reference number for this request is FL-OM-17/458. Please be advised that you will hear further from the Department by approximately July 26, 2017 as to whether your request will be granted or denied in whole or in part.

SED charges the statutorily permitted fee of $.25 per page for duplication of records requested under FOIL (Public Officers Law §87[1][b][iii]). There is no provision in law or regulation requiring the waiver of this fee. Payment must be made to the NYS Education Department by check or money order. Do not send any payment until you are notified that your request is granted and informed of the charge for your request. If your request is for electronic records and your request is granted, the records will be provided to you in that format.

If your request is granted one of the following will happen:

1. If your request can be filled immediately, and the total duplication fee is under $25.00, staff will forward the requested records to you with a statement of what you owe for the duplication fee. Or:

2. If the total duplication fee for your request is $25.00 or more (100 pages), you will be advised of the page count and duplication fee owed in advance of duplicating the records. Upon receipt of payment, staff will duplicate and mail the requested records. Or:

3. If it will take time to locate and/or duplicate the records you have requested, you will be given a date by which you will be told the page count and duplication fee for your request.
Regards,
Records Access Officer

From: FOIL

Dear Mr. Nathan,

This is a further response to your Freedom of Information Law (FOIL) request FL-OM-17/458 for State Education Department records regarding an official calendar or planner or schedule and office visitor logs of MaryEllen Elia, received on June 16, 2017.

Please be advised that your FOIL request is still under review. It will take the Department additional time to complete your request. You will hear from the Department by approximately August 17, 2017, as to whether your request will be granted or denied in whole or in part. If your request is granted, we will provide you with the documents or advise you of the page count and duplication costs.

Sincerely,
Records Access Officer

From: FOIL

Dear Mr. Nathan,

This is a further response to your Freedom of Information Law (FOIL) request FL-OM-17/458 for State Education Department records regarding an official calendar or planner or schedule and office visitor logs of MaryEllen Elia, received on June 16, 2017.

Please be advised that your FOIL request is still under review. It will take the Department additional time to complete your request. You will hear from the Department by approximately September 6, 2017, as to whether your request will be granted or denied in whole or in part. If your request is granted, we will provide you with the documents or advise you of the page count and duplication costs.

Sincerely,
Records Access Officer

From: FOIL

Dear Mr. Stoddard:

This is in response to your Freedom of Information Law request FL-OM-17/458 for State Education Department records regarding the official calendar or planner or schedule and office visitor log(s) of MaryEllen Elia that encompass the time period of June 5, 2017 through June 16, 2017, which was received on June 21, 2017.

Please find the calendar attached. Please be advised that portions of the document have been redacted pursuant to the exemptions specified in the Public Officers Law (“POL”) §87(2). Portions of the records were redacted pursuant to POL §87(2)(b) where their release would constitute an unwarranted invasion of personal privacy (see POL §89[2]). Additionally, portions of the records were redacted where they contained “inter-agency or intra-agency materials” not disclosable under POL §87(2)(g)(i) through (iv). This also reflects meetings that were tentatively scheduled but may not have occurred.

Please note that there is not an office visitor log of MaryEllen Elia. The Freedom of Information Law does not require an agency to prepare any record not possessed or maintained by the agency (Public Officers Law Section 89[3][a]); therefore, this portion of your request is denied.

If you wish to appeal this partial denial, you may do so within 30 days by emailing FOILappeal@nysed.gov or writing to:

MaryEllen Elia
Commissioner of Education
NYS Education Department
Room 111, Education Building
89 Washington Avenue
Albany, NY 12234

Sincerely,
Records Access Officer

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