Correspondence with a New York City Council Member
| Tracking # |
039-2020 |
| Submitted | Dec. 2, 2019 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All records of Commission correspondence with Eric Ulrich, member of the New York City Council for the 32nd District (Queens County, NY), in the time period of calendar years 2016 to present.
This should include all printed matter and the last 200 pages of emails responsive to the search strings "Eric Ulrich," "Eric A. Ulrich," "Council Member Ulrich," "Councilman Ulrich," and/or "CM Ulrich"
Applicable FOIL Subject Matter headings are all that include a subheading that includes the "correspondence," which may be labeled as "Correspondence," "Chronological Correspondence," or "General Correspondence."
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,
T. McElwee
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on Dec. 2, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Gaming Commission
Dear Mr. T. McElwee,
I am writing in response to your recent e-mail request for information (below), pursuant to Freedom of Information Law (FOIL) of New York Public Officers Law §87.
Your request does not reasonably describe the records you seek sufficient enough to enable the New York State Gaming Commission (Commission) to conduct a diligent search as required by New York Public Officers Law §89(3)(a). Please note that whether a request is reasonably described may be dependent upon the nature of an agency's filing or record keeping system and agency employees are not required to engage in herculean or unreasonable efforts to locate records. See Konigsburg v. Coughlin, 68 N.Y.2d 245 (N.Y. 1986) and the NYS Committee on Open Government's FOIL Advisory Opinions 18949 and 18863. The Committee on Open Government has explained that "a request for 'all' records, without limitation, that include a certain name, for example, might not be found to reasonably describe the records." (COOG AO-18949 (Aug. 20, 2012)).
"[A]gency officials are not required to search through the haystack for a needle, even if they know or surmise that the needle may be there. In short, agency staff are not required to engage in herculean or unreasonable efforts in locating records to accommodate a person seeking records." Committee on Open Government, FOIL-AO-18949 (2012); Konigsberg v. Coughlin, 68 N.Y.2d 245 (1986).
In order for a request for correspondence to be reasonably described the request should, to the extent practicable, include parameters such as specific names or roles of employees as well as external parties, specific subject matter and/or search terms, and a reasonable and specific time period.
This denial is without prejudice to submit a new request that reasonably describes the records sought.
If you wish to appeal this denial, you may do so by directing your written appeal to the attention of the FOIL Appeals Officer for the New York State Gaming Commission, at the address listed below, within 30 days of this e-mail.
Thank you for your interest in the New York State Gaming Commission.
Sincerely,
Kristi Alois
Legal Assistant I
New York State Gaming Commission
1 Broadway Center, Schenectady, NY 12305
518) 388-3413 | Foil.requests@gaming.ny.gov<mailto:Foil.requests@gaming.ny.gov>
www.gaming.ny.gov<http://www.gaming.ny.gov/>
From: T. McElwee
I appeal on grounds that I gave a specific enough request (correspondence to and from Council Member Eric Ulrich, both paper and electronic format), within a set of records which could be reasonably searched (and reflects the Commission's own Subject Matter schema), and have provided an adequate limitation in the case of emails (200 pages or less).
To be perfectly clear, the FOIL Subject Matter lists are furnished by the Commission itself. See attached for a PDF, as appears on the Commission's website https://www.gaming.ny.gov/pdf/01.30.15.SubjectMatterList.pdf
The Subject Matter List specifies "correspondence" files exist in the following schema:
Audit ("Correspondence");
Executive Offices ("General Correspondence""Chronological Correspondence");
Finance ("General Correspondence");
Legal ("Chronological Correspondence");
Licensing and Investigations ("General Correspondence"); Off Track Betting ("General Correspondence");
Public Relations ("General Correspondence");
Racing Operations ("General Correspondence");
Director of Racing Officials ("General Correspondence" and "Chronological Correspondence");
Secretary to the Commission ("General Correspondence")
Wagering Systems ("Chronological Correspondence Files").
As such, a diligent search can and should be done forthwith.
-TM
From: New York State Gaming Commission
A letter stating that the request appeal has been rejected.
From: New York State Gaming Commission
This is sent on behalf of Robert Williams.
From: T. McElwee
I believe a reasonable restricting of scope can be achieved by searching only correspondence sent to Commission Staff since January 1, 2016 that fits into one of these two categories:
Category 1: Correspondence sent to or from the Commissioners, and/or sent to or from staff holding a directorship.
Category 2: Correspondence sent to or from Commission staff with management responsibility covering Resorts World Casino New York City in Queens County, New York.
The search strings should remain the same: printed matter and the last 200 pages of emails responsive to the search strings "Eric Ulrich," "Eric A. Ulrich," "Council Member Ulrich," "Councilman Ulrich," and/or "CM Ulrich"
I reiterate that the agency's own Subject Matter List declares correspondence files to be covered by FOIL. These are reasonably specific descriptions of offices whose correspondence files should be searched.
Thank you.
-TM
From: New York State Gaming Commission
A fix is required to perfect the request.
From: New York State Gaming Commission
Dear T. McElwee,
The New York State Gaming Commission (Commission) acknowledges receipt of your Freedom of Information Law (FOIL) request dated February 6, 2020, which the Commission received on February 21, 2020, seeking:
"This is a follow up to a previous request:
I believe a reasonable restricting a scope can be achieved by searching only correspondence sent to Commission Staff since January 1, 2016 that fits into one of these categories:
Category 1: Correspondence sent to or from the Commissioners, and/or sent to or from staff holding a directorship.
Category 2: Correspondence sent to or from Commission staff with management responsibility covering Resorts World Casino New York City in Queens County, New York.
The search strings "Eric Ulrich," "Eric A. Ulrich," "Council Member Ulrich," "Councilman Ulrich," and/or "CM Ulrich."
I reiterate that the agency's own subject Matter List declares correspondence files to be covered by FOIL. These are reasonably specific descriptions of offices who correspondence files should be searched."
Please note, the request received on February 21, 2020, is marked "FOIL Appeal." However, it then states that "this is a follow up to a previous request." The Commission is interpreting this to be a new request, as a follow up to the Appeal response sent to you on January 31, 2020. If your intention is to Appeal again, please let us know immediately.
We are conducting a search for records, and will review any responsive records for appropriate exemptions under FOIL. We will provide you with a status within twenty (20) business days, if we have not completed our response by then.
Sincerely,
Kristi Alois
Legal Assistant I
New York State Gaming Commission
1 Broadway Center, Schenectady, NY 12305
518) 388-3413 | Foil.requests@gaming.ny.gov<mailto:Foil.requests@gaming.ny.gov>
www.gaming.ny.gov<http://www.gaming.ny.gov/>
From: New York State Gaming Commission
Dear, Mr. McElwee,
I am further responding to your request for information pursuant to Freedom of Information Law of New York Public Officers Law §87.
We are still researching your request and will respond further within the next twenty (20) business days.
The New York State Gaming Commission reserves the right to deny access to records or portions thereof as allowed under the New York State Freedom of Information Law.
In light of New York State's reduction in workforce as part of the ongoing response to the COVID-19 pandemic, there may be delays in response to FOIL requests. Thank you for your patience during this extraordinary time.
Thank you for your interest in the New York State Gaming Commission.
Sincerely,
Kristi Alois
Legal Assistant I
New York State Gaming Commission
1 Broadway Center, Schenectady, NY 12305
518) 388-3413 | Foil.requests@gaming.ny.gov<mailto:Foil.requests@gaming.ny.gov>
www.gaming.ny.gov<http://www.gaming.ny.gov/>
From: New York State Gaming Commission
An interim response, stating the request is being processed.
From: New York State Gaming Commission
Dear Mr. McElwee,
I am writing in response to your request for information below, pursuant to Freedom of Information Law of New York Public Officers Law §87.
From: New York State Gaming Commission
A copy of documents responsive to the request.
Files
pages