Employee scheduling rule making records (NY Gov)

Peter Fugiel filed this request with the Office of the Governor - New York of New York.
Tracking #

R000858-111523

Est. Completion None
Status
No Responsive Documents

Communications

From: Peter Fugiel

To Whom It May Concern:

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

All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Labor Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, press releases, public statements, memoranda, reports, testimony, letters, emails and attachments prepared, issued, or received by the Governor or his agents during the period 7/1/2016–12/31/2018.

This request is being made for non-commercial research purposes. The requested documents will be made available to the general public.

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 to receive the responsive records in an electronic format through the online portal or by email attachment.

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,

Peter Fugiel
Postdoctoral Research Fellow
Rutgers School of Management and Labor Relations

From: Office of the Governor - New York

Dear Peter Fugiel:
This message acknowledges receipt of your request. Your request was received in this office on 11/15/2023 and given the reference number R000858-111523 for tracking purposes.
Records Requested: To Whom It May Concern:

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

All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Labor Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, press releases, public statements, memoranda, reports, testimony, letters, emails and attachments prepared, issued, or received by the Governor or his agents during the period 7/1/2016–12/31/2018.

This request is being made for non-commercial research purposes. The requested documents will be made available to the general public.

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 to receive the responsive records in an electronic format through the online portal or by email attachment.

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,

Peter Fugiel
Postdoctoral Research Fellow
Rutgers School of Management and Labor Relations

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New York State Executive Chamber Records Access Office

From: Office of the Governor - New York

--- Please respond above this line ---
RE: FOIL Records Request of November 15, 2023., Reference # R000858-111523. Dear Peter Fugiel, This letter responds to your request dated November 15, 2023, which pursuant to FOIL, requested: All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Labor Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, press releases, public statements, memoranda, reports, testimony, letters, emails and attachments prepared, issued, or received by the Governor or his agents during the period 7/1/2016–12/31/2018. To the extent your request is reasonably described, please be advised that the New York State Executive Chamber does not maintain records of other state agencies and is not the custodian of the records requested. However, you may wish to reach out to the New York State Department of Labor (DOL) for the information you are seeking at the following link: FOIL Records Access Center | NYS Department of Labor (govqa.us) Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination.  You may appeal by writing:  FOIL Appeals Officer, Executive Chamber, State Capitol, Albany, New York, 12224. Sincerely, New York State Executive Chamber Records Access Office

From: Peter Fugiel

Thank you for your reply. But I worry you may not have conducted an adequate search. Among other documents, I am requesting press releases and other communications from the Office of Governor of New York State. Here is an archived copy of one such press release, dated September 9, 2017: https://web.archive.org/web/20171004093853/https://www.governor.ny.gov/news/governor-cuomo-directs-commissioner-labor-hold-public-hearings-employee-scheduling. Are you not the custodian of press releases issued by Governor Cuomo? If not, I would appreciate it if you could inform me of which agency is the custodian of Governor Cuomo's public records.

Best regards,
Peter Fugiel

From: Peter Fugiel

Here is another responsive record that is currently available on the governor.ny.gov website: https://www.governor.ny.gov/sites/default/files/atoms/files/11.10.17.rel_.REGULATIONS_Spanish.pdf. Who is the custodian of this document? Does your Office have an electronic copy of the English language version of this press release?

–Peter Fugiel

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