Data from Report 2021-F-15, "Efforts to Collect Tolls and Fees Using License Plate Images and Law Firms

To Whom It May Concern:

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

The data provided to the Office of the New York State Comptroller by the Triborough Bridge and Tunnel Authority covering the period between September, 2019 and June, 2021, referenced in the following passage on page 2 of New York State Comptroller’s Report 2021-F-15 (“Efforts to Collect Tolls and Fees Using License Plate Images and Law Firms”):

“Based on the data provided, TBTA categorized almost 60% (3,721,675) of the unbilled transactions as “no agreement with DMV….”

If the “Image Rejects and Leakage data” mentioned in the first paragraph of the next page of that same report (page 3) is considered a separate dataset, I request those data as well.

Jointly, I request any relevant codebook or codebooks, or other documentation which accompanied the data which defines each variable label, explaining the meaning of values in each row or column, how it is coded, and how it is organized.

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

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

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,

Noah McClain

Re: FOIL Request # 2022-0072

Dear Jane Hall or Records Access Officer,

Thank you for responses of February 14, 2022 and March 14, 2022 to the above-referenced request of February 7, 2022.

Your office’s message of February 14, 2022 indicated I could expect a determination on my request within twenty business days. The following message, of March 14, 2022, indicates a need for an additional sixty business days, citing no more than the “type of records involved and the nature of the review process” for the delay.

This response, of March 14, 2022, constitutes an effective denial of my request, on a number of grounds.

New York’s Freedom of Information Law permits agencies to take more than twenty business days to fulfill, partly fulfill or deny requests when known circumstances prevent disclosure within twenty business days, but requires agencies to specify those circumstances and provide a “date certain” when the request will be granted in whole or part (1401.5(c)3). In turn, that “date certain” must be reasonable (1401.5(e)7).

Your office’s response does not indicate any known circumstance that would prevent disclosure within the statutorily-required 20 business days.

The types of records involved is normal tabular data, and the documents which define codes and variables without which tabular data has no meaning. The records are precisely described: your office has indicated its recent receipt of that data in press releases and formal reports.

Your office’s response does not indicate why “the nature of the review process” is in any way unusual in this case or would justify an additional sixty days, bringing the time between your office’s acknowledgement of my request and its determination on my request to 79 business days. The review process for your office is not any different than the review process for any other FOIL request or for any other agency, and no reason is offered to justify why your office would need almost 80 business days to process a request for tabular data which New York State Comptroller’s own reports indicate are in its possession.

As you are aware, failure to provide a legitimate reason for a delay in processing a FOIL request beyond the statutory requirement of 20 business days, and failure to provide a reasonable date for a delay in making a determination each constitute a denial of that request.

I hereby appeal the denial of my FOIL request.

Sincerely

Noah McClain

Dear FOIL Appeals Officer,

Re: Request 2022-0072

I hereby appeal the determination of March 16, 2022 (attached) indicating that no records responsive to my request be located.

My request asked for “The data provided to the Office of the New York State Comptroller by the Triborough Bridge and Tunnel Authority covering the period between September, 2019 and June, 2021, referenced in the following passage on page 2 of New York State Comptroller’s Report 2021-F-15 (“Efforts to Collect Tolls and Fees Using License Plate Images and Law Firms”):
“Based on the data provided, TBTA categorized almost 60% (3,721,675) of the unbilled transactions as “no agreement with DMV….”

I assume this statement to be truthful, and that data was provided to the Comptroller.

Your office’s determination indicated that, “This was a follow-up review and files with all transactions were not requested or required.”

My request certainly invited granular, by-transaction data if available, but did not preclude data in less granular formats. It simply asked for the data provided to the Comptroller as clearly indicated in the Comptroller’s own report.

My request further asked for codebooks “or other documentation” which defines the meaning of the data. My request does not preclude the many formats in which documentation may exist. If data were shared with the Comptroller, and the meanings of any categories or values were communicated – if only with a sentence or a term - then records responsive to my request for documentation must exist as well.

I hereby appeal the determination that no responsive documents exist.

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 agencies to send all appeals and the determinations that follow to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

Sincerely

Noah McClain

Dear Records Access Officer,

Re: Request 2022-0072

On April 1, 2022, I appealed a determination from your office date March 16, 2022, for the above-referenced request (text pasted-in below).

To date, your office has not acknowledged that appeal.

I hereby request an acknowledgment of the appeal, and a determination on said appeal.

Sincerely

Noah McClain

_______________________

Dear FOIL Appeals Officer,

Re: Request 2022-0072

I hereby appeal the determination of March 16, 2022 (attached) indicating that no records responsive to my request be located.

My request asked for “The data provided to the Office of the New York State Comptroller by the Triborough Bridge and Tunnel Authority covering the period between September, 2019 and June, 2021, referenced in the following passage on page 2 of New York State Comptroller’s Report 2021-F-15 (“Efforts to Collect Tolls and Fees Using License Plate Images and Law Firms”):
“Based on the data provided, TBTA categorized almost 60% (3,721,675) of the unbilled transactions as “no agreement with DMV….”

I assume this statement to be truthful, and that data was provided to the Comptroller.

Your office’s determination indicated that, “This was a follow-up review and files with all transactions were not requested or required.”

My request certainly invited granular, by-transaction data if available, but did not preclude data in less granular formats. It simply asked for the data provided to the Comptroller as clearly indicated in the Comptroller’s own report.

My request further asked for codebooks “or other documentation” which defines the meaning of the data. My request does not preclude the many formats in which documentation may exist. If data were shared with the Comptroller, and the meanings of any categories or values were communicated – if only with a sentence or a term - then records responsive to my request for documentation must exist as well.

I hereby appeal the determination that no responsive documents exist.

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 agencies to send all appeals and the determinations that follow to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

Sincerely

Noah McClain

Dear Camille Jobin-Davis or FOIL Appeals Officer

Thank you for your response to my FOIL appeal of May 9 2022.

Your letter asks if I request a certification that no responsive records are in the possession of the New York State Comptroller.

As I am sure you would agree, it seems improbable that OSC has no written record of the factual foundation of a report it issued as recently as last year.

The OSC’s own subject matter list indicates that the Division of State Government Accountability maintains:
- Audits of State Agencies & Authorities
- Work Papers and Databases for Audits

(see https://www.osc.state.ny.us/files/help/pdf/foil-subject-matter-list.pdf p. 10)

I am confident that the foundational factual data cited in a 2021 OSC audit report would be included in “Work papers and Databases for Audits”.

I hereby request a renewed search for a record which, if not lost or purposefully destroyed, must be in the OSC’s possession. If, after such search, the record cannot be located, I hereby request certification to that effect.

Sincerely

Noah McClain, PhD