Email correspondence related to "Swipers"
| Tracking # |
#220106-000783 |
| Submitted | Jan. 6, 2022 |
| Est. Completion | Nov. 22, 2022 |
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Communications
From: Noah McClain
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails sent or received by following individuals in their capacity as officers and employees of the MTA, between January 1, 2003 and December 31, 2014, in which the subject line contains any of the following non-case sensitive terms: “swipers”, “swiper”, “selling swipes” or “mattocks”
Schreibman, Lisa A
Eastman, James
Roberts, Howard
Reuter, Lawrence
Please include any memoranda, report file attached to these emails in which the title, subject, or file name contain any of those same terms.
My request should not be construed to include duplicate copies of any material -e.g. one copy of an email will suffice for sender and all receivers, as will one copy of any attachment.
I request to inspect or receive these materials in increments of forty pages, and to be notified once 50 pages of material responsive to this request have been identified, and every 50 pages thereafter.
Please advise me of the appropriate time during normal business hours for inspecting these records prior to obtaining copies.
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
From: Metropolitan Transit Authority (MTA), New York City Transit
+--------------------------------------------+
Your FOIL request has been received.
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.
To access your question from our support site, https://mta-nyc2.custhelp.com/app/account/questions/detail/i_id/2510332/track/AvOcswoGDv8S~Q8hGrEe~yJ~faEqgS75Mv~b~zj~PP8S/
Subject
Email correspondence related to "Swipers"
Question Reference # 220106-000783
* Date Created: 01/06/2022 11:54 PM
* Date Last Updated: 01/06/2022 11:54 PM
* Status: FOIL Received |
+--------------------------------------------+
[---002:000624:55013---]
From: Metropolitan Transit Authority (MTA), New York City Transit
+--------------------------------------------+
| Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.
We are continuing to work on your issue. To access your question from our support site, https://mta-nyc2.custhelp.com/app/account/questions/detail/i_id/2510332/track/AvOcswoGDv8S~dUhGhce~yJ5faEqgS75Mv8B~zj~PP~I/
Subject
Email correspondence related to "Swipers"
Response By Email (RR)(01/18/2022 09:43 AM)
This email shall acknowledge receipt of your Freedom of Information Law (FOIL) request, directed to the MTA.
Please be advised that the MTA FOIL Unit receives a high volume of FOIL requests ranging from simple to complex requests and all documents and records require review prior to disclosure. As a result, documents and records will not be immediately available. Under certain circumstances of the request, such as, the number of documents requested, their format, their availability, the time it takes to identify and locate the requested records and review and redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors, processing and response times may be delayed. Since the time and effort required to complete a response can vary significantly, the MTA endeavors to complete each request in a time period that is reasonable
under the circumstances of the request.
We are currently reviewing your request and anticipate responding within approximately sixty (60) business days.
Should it become necessary to inquire further regarding this request, please send a reply which will update this request and refer to your FOIL reference number in your correspondence.
MTA FOIL Unit
*Please note that due to the MTAs response to the COVID-19 pandemic, delays may be incurred in the processing of and responses to FOIL requests.
Customer By CSS Web (Noah McClain)(01/06/2022 11:54 PM)
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails sent or received by following individuals in their capacity as officers and employees of the MTA, between January 1, 2003 and December 31, 2014, in which the subject line contains any of the following non-case sensitive terms: swipers, swiper, selling swipes or mattocks
Schreibman, Lisa A
Eastman, James
Roberts, Howard
Reuter, Lawrence
Please include any memoranda, report file attached to these emails in which the title, subject, or file name contain any of those same terms.
My request should not be construed to include duplicate copies of any material -e.g. one copy of an email will suffice for sender and all receivers, as will one copy of any attachment.
I request to inspect or receive these materials in increments of forty pages, and to be notified once 50 pages of material responsive to this request have been identified, and every 50 pages thereafter.
Please advise me of the appropriate time during normal business hours for inspecting these records prior to obtaining copies.
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
Upload documents directly: https://www.muckrock.com/
Question Reference # 220106-000783
* Date Created: 01/06/2022 11:54 PM
* Date Last Updated: 01/18/2022 09:43 AM
* Status: FOIL Acknowledged |
+--------------------------------------------+
[---002:003582:28281---]
From: Noah McClain
Dear MTA FOIL Unit,
Re: Incident: 220106-000783
Thank you for response of January 19, 2022, to the above-referenced request of January 6, 2022.
Your response indicates an estimated time-frame of 60 business days to fulfill this request, indicating that records must be located, reviewed, and assembled.
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).
Your response does not indicate any known circumstance that would prevent disclosure; it only outlines the normal process – identification, review, assembly - that any agency must follow in order to comply with FOIL. Further, you do not offer a “date certain” for fulfilling my request.
Moreover, New York’s Freedom of Information Law requires agencies to acknowledge requests within five business days of the receipt of the request. The acknowledgement must contain certain elements, outlined in 1401.5. While your office sent an acknowledgement dated January 7, 2022, it contained none of the required elements. You sent a subsequent response in the form of boilerplate language, on January 19, 2022, which far exceeded the five-day requirement, and contained the deficiencies outlined above.
Please note that the Committee on Open Government has interpreted FOIL to preclude agencies from under-resourcing its FOIL units and then citing a lack of resources for inability to respond to FOIL request in a timely fashion. The circumstances which you describe -- in the most general terms -- which prevents you from fulfilling this request within the mandated time frame are not at all new. For example, a letter I received from your office dated February 20, 2009, contains the same language and cites the same constraints, suggesting that any circumstances of delay are the result of understaffing and under-resourcing the FOIL Unit for more than a decade.
As you are aware, you have effectively denied my request by asserting an unreasonable delay without specifying a valid reason, failing to provide a “date certain” by when I can expect my request be fulfilled, and failing to provide an acknowledgment with requisite elements within the five business days required by law.
I hereby appeal the denial of my FOIL request.
Sincerely
Noah McClain
From: Noah McClain
Dear MTA FOIL Unit,
Re: Incident: 220106-000783
Thank you for response of January 19, 2022, to the above-referenced request of January 6, 2022.
Your response indicates an estimated time-frame of 60 business days to fulfill this request, indicating that records must be located, reviewed, and assembled.
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).
Your response does not indicate any known circumstance that would prevent disclosure; it only outlines the normal process – identification, review, assembly - that any agency must follow in order to comply with FOIL. Further, you do not offer a “date certain” for fulfilling my request.
Moreover, New York’s Freedom of Information Law requires agencies to acknowledge requests within five business days of the receipt of the request. The acknowledgement must contain certain elements, outlined in 1401.5. While your office sent an acknowledgement dated January 7, 2022, it contained none of the required elements. You sent a subsequent response in the form of boilerplate language, on January 19, 2022, which far exceeded the five-day requirement, and contained the deficiencies outlined above.
Please note that the Committee on Open Government has interpreted FOIL to preclude agencies from under-resourcing its FOIL units and then citing a lack of resources for inability to respond to FOIL request in a timely fashion. The circumstances which you describe -- in the most general terms -- which prevents you from fulfilling this request within the mandated time frame are not at all new. For example, a letter I received from your office dated February 20, 2009, contains the same language and cites the same constraints, suggesting that any circumstances of delay are the result of understaffing and under-resourcing the FOIL Unit for more than a decade.
As you are aware, you have effectively denied my request by asserting an unreasonable delay without specifying a valid reason, failing to provide a “date certain” by when I can expect my request be fulfilled, and failing to provide an acknowledgment with requisite elements within the five business days required by law.
I hereby appeal the denial of my FOIL request.
Sincerely
Noah McClain
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
+--------------------------------------------+
| Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.
We are continuing to work on your issue. To access your question from our support site, https://mta-nyc2.custhelp.com/app/account/questions/detail/i_id/2510332/track/AvOcswoGDv8S~QQZGpYe~yJ5faEqgS75Mv84~zj~PP~x/
Subject
Email correspondence related to "Swipers"
Response By Email (RR)(04/06/2022 06:27 PM)
Please be advised that we are working diligently to provide a response to your FOIL request. We are currently reviewing records that are potentially responsive for responsiveness, legal privileges and other statutory exemptions set under New York State Public Officers Law (NYSPOL) § 87. As such, we are requiring more time to respond and will need to extend our response time to on or before June 30, 2022. We thank you for your patience and express our apologies for any inconvenience this may cause.
MTA FOIL Unit
*Please note that due to the MTAs response to the COVID-19 pandemic, delays may be incurred in the processing of and responses to FOIL requests.
Response By Email (RR)(01/18/2022 09:43 AM)
This email shall acknowledge receipt of your Freedom of Information Law (FOIL) request, directed to the MTA.
Please be advised that the MTA FOIL Unit receives a high volume of FOIL requests ranging from simple to complex requests and all documents and records require review prior to disclosure. As a result, documents and records will not be immediately available. Under certain circumstances of the request, such as, the number of documents requested, their format, their availability, the time it takes to identify and locate the requested records and review and redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors, processing and response times may be delayed. Since the time and effort required to complete a response can vary significantly, the MTA endeavors to complete each request in a time period that is reasonable
under the circumstances of the request.
We are currently reviewing your request and anticipate responding within approximately sixty (60) business days.
Should it become necessary to inquire further regarding this request, please send a reply which will update this request and refer to your FOIL reference number in your correspondence.
MTA FOIL Unit
*Please note that due to the MTAs response to the COVID-19 pandemic, delays may be incurred in the processing of and responses to FOIL requests.
Customer By CSS Web (Noah McClain)(01/06/2022 11:54 PM)
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails sent or received by following individuals in their capacity as officers and employees of the MTA, between January 1, 2003 and December 31, 2014, in which the subject line contains any of the following non-case sensitive terms: swipers, swiper, selling swipes or mattocks
Schreibman, Lisa A
Eastman, James
Roberts, Howard
Reuter, Lawrence
Please include any memoranda, report file attached to these emails in which the title, subject, or file name contain any of those same terms.
My request should not be construed to include duplicate copies of any material -e.g. one copy of an email will suffice for sender and all receivers, as will one copy of any attachment.
I request to inspect or receive these materials in increments of forty pages, and to be notified once 50 pages of material responsive to this request have been identified, and every 50 pages thereafter.
Please advise me of the appropriate time during normal business hours for inspecting these records prior to obtaining copies.
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
Upload documents directly: https://www.muckrock.com/
Question Reference # 220106-000783
* Date Created: 01/06/2022 11:54 PM
* Date Last Updated: 04/06/2022 06:27 PM
* Status: FOIL in Progress |
+--------------------------------------------+
[---002:004180:23335---]
From:
Please see the attached FOIL appeal response letter.
Yohance Bowden
Confidentiality Note: This e-mail, and any attachment to it, may contain privileged and confidential information and is intended for the use of the individual(s) or entity named on the e-mail. Unauthorized disclosure of this message is prohibited. If you have received this message in error, please notify the sender immediately by return e-mail and destroy this message and all copies thereof, including all attachments.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
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 Jan. 6, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number ##220106-000783.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transportation Authority (MTA), Headquarters
This message serves to provide an update regarding the status of your FOIL request.
We continue to perform a careful review of the records that are potentially responsive for responsiveness, legal privileges and applicable FOIL exemptions under the NYS Public Officer's Law §87. As we move towards completion, please allow us an additional thirty (30) business days to provide responsive records; which is anticipated on or before November 22, 2022.
We sincerely apologize for any inconvenience.
MTA FOIL Unit
FOIL Request:
From: Metropolitan Transit Authority (MTA), New York City Transit
Dear Noah McClain:
Please be advised that after a diligent search no records responsive to your FOIL request per the parameters you provided have been found.
"Emails sent or received by following individuals in their capacity as officers and employees of the MTA, between January 1, 2003 and December 31, 2014, in which the subject line contains any of the following non-case sensitive terms: “swipers”, “swiper”, “selling swipes” or “mattocks”
Schreibman, Lisa A
Eastman, James
Roberts, Howard
Reuter, Lawrence…"
This completes the MTA’s response to your FOIL request. Your request is now closed.
MTA FOIL Unit
FOIL Request:
From:
Hi there,
We wanted to let you know that we've updated our
https://click.info.mta.org/?qs=1177a7157b62b036d6431107f170807a6c6220834c1e7718902c26ee449c41d491bef3ecd0104a3667bcf98fc7453c9c92268dfec214f9260701417f487a3449
Privacy Policy , effective today. This includes changes to how we may collect and use your personal information, and your options for what we collect and how we use it.
Here's a brief overview of the changes:
- We've changed how we use location data that you may opt in to sharing within the TrainTime app.
- We've updated our policy on sharing personal information with our partners for promotional or research purposes.
- We've provided additional information about the location data that you may opt in to sharing within the new MTA app as part of the new optional "Smart Alerts" feature.
- We've provided information about when we may contact you by email, and how you can opt out of receiving messages from us.We encourage you to
https://click.info.mta.org/?qs=1177a7157b62b036d6431107f170807a6c6220834c1e7718902c26ee449c41d491bef3ecd0104a3667bcf98fc7453c9c92268dfec214f9260701417f487a3449
read the full privacy policy .
Thank you for riding with us.
Metropolitan Transportation Authority
2 Broadway, New York, NY 10004
Please note that this is a legal notice, which is why you are receiving it even if you have opted out of receiving MTA marketing emails.
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