Fast Food Wage Board records provided to Randy Mastro (New York State Department of Labor)
| Tracking # |
R001184-092523 |
| Multi Request | Fast Food Wage Board records provided to Randy Mastro |
| Submitted | Sept. 21, 2023 |
| Due | Oct. 16, 2023 |
| Est. Completion | May 20, 2024 |
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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 provided to Randy Mastro of Gibson, Dunn & Crutcher, LLP in response to FOIL requests he submitted in 2015. I do not know the tracking number(s), but one such request was submitted to the Office of the Governor on 7/29/2015 for documents pertaining to the Fast Food Wage Board. The requested records include "all documents relating to the selection of the members of the Fast Food Wage Board" and "all documents relating to any Fast Food Wage Board meeting, hearing, or event."
Note that I am also submitting my request to the New York State Department of Labor since some of the responsive records may be maintained by that agency rather than the Governor's Office.
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,
Peter Fugiel
From: New York State Department of Labor
Dear Peter Fugiel:
This message acknowledges receipt of your request. Your request was received in this office on 9/25/2023 and given the reference number R001184-092523 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 provided to Randy Mastro of Gibson, Dunn & Crutcher, LLP in response to FOIL requests he submitted in 2015. I do not know the tracking number(s), but one such request was submitted to the Office of the Governor on 7/29/2015 for documents pertaining to the Fast Food Wage Board. The requested records include "all documents relating to the selection of the members of the Fast Food Wage Board" and "all documents relating to any Fast Food Wage Board meeting, hearing, or event."
Note that I am also submitting my request to the New York State Department of Labor since some of the responsive records may be maintained by that agency rather than the Governor's Office.
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,
Peter Fugiel
Upload documents directly: https://www.muckrock.com/
We will provide you with a status update on or before 10/25/2023.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
New York State Department of Labor
From: Peter Fugiel
Dear New York State Department of Labor FOIL Officer,
I am writing to inquire about the status of my request (#R001184-092523). It has been a month since I received an acknowledgement of your Department's receipt of this request. Please note that I am most interested in records relating to Fast Food Wage Board meetings, hearings, and public events. If you are unable to locate all the records provided to Randy Mastro in response to his FOIL request(s), I would accept any Fast Food Wage Board records held by the Department.
Thank you for your continued assistance in this matter,
Peter Fugiel
From: New York State Department of Labor
--- Please respond above this line ---
10/26/2023 Peter Fugiel
MuckRock News, DEPT MR152326 263 Huntington Ave
Boston MA 02115 RE: PUBLIC RECORDS REQUEST of September 25, 2023, Reference # R001184-092523 Dear Peter Fugiel, This letter is in response to your public information request from you on September 25, 2023. Your request mentioned: “To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All documents provided to Randy Mastro of Gibson, Dunn & Crutcher, LLP in response to FOIL requests he submitted in 2015. I do not know the tracking number(s), but one such request was submitted to the Office of the Governor on 7/29/2015 for documents pertaining to the Fast Food Wage Board. The requested records include "all documents relating to the selection of the members of the Fast Food Wage Board" and "all documents relating to any Fast Food Wage Board meeting, hearing, or event."
Note that I am also submitting my request to the New York State Department of Labor since some of the responsive records may be maintained by that agency rather than the Governor's Office.
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,
Peter Fugiel
Upload documents directly: https://www.muckrock.com/ Please be advised that the Department could not complete a response to your FOIL request within 20 business days due to the volume of requests currently pending with the Department and our obligation to treat each request equally. The Department estimates that you will receive a response to your request within 90 business days. Thank you, Jill Archambault Records Access Officer Carol Johnson
Associate Attorney
From: Peter Fugiel
I appreciate the update. However, I object to the excessive delay (90 business days) in responding to my request. At least some of the records I am requesting were previously posted on the Department's website (https://web.archive.org/web/20160530052744/http://labor.ny.gov/workerprotection/laborstandards/wageboard2015.shtm). Although this page has since been removed, I believe that the Department still holds these records. Indeed, I confirmed with the New York State Archives that they have not received any documents relating to the Fast Food Wage Board.
I ask that you expedite at least the release of the recordings of the 2015 Fast Food Wage Board meetings. Again, these recordings were previously posted on the Department's website, which suggests that they are of considerable interest to the public and do not require any review or redactions by your staff. Your own FOIL guidelines state that the timeline for responding to a request depends on "the number of documents you request, their format, their availability, the time it takes to redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors." (Quoted from the Process section of https://dol.ny.gov/freedom-information-law-foil-requests). These request-specific factors bely the claim in your extension message that you have an "obligation to treat each request equally." Since the previously public Fast Food Wage Board documents do not need redactions or reformatting, it seems reasonable to expect that you can release them with a minimum of staff time.
From: New York State Department of Labor
--- Please respond above this line ---
03/01/2024 Peter Fugiel
MuckRock News, DEPT MR152326 263 Huntington Ave
Boston MA 02115 RE: PUBLIC RECORDS REQUEST of September 25, 2023, Reference # R001184-092523 Dear Peter Fugiel, The New York State Department of Labor received a public information request from you on September 25, 2023. Your request mentioned: “To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All documents provided to Randy Mastro of Gibson, Dunn & Crutcher, LLP in response to FOIL requests he submitted in 2015. I do not know the tracking number(s), but one such request was submitted to the Office of the Governor on 7/29/2015 for documents pertaining to the Fast Food Wage Board. The requested records include "all documents relating to the selection of the members of the Fast Food Wage Board" and "all documents relating to any Fast Food Wage Board meeting, hearing, or event."
Note that I am also submitting my request to the New York State Department of Labor since some of the responsive records may be maintained by that agency rather than the Governor's Office.
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,
Peter Fugiel
Upload documents directly: https://www.muckrock.com/ Please be advised that the Department could not complete a response to your FOIL request within 90 business days due to the volume of requests currently pending with the Department and our obligation to treat each request equally. The Department estimates that you will receive a response to your request within 30 business days. Thank you, Jill Archambault Records Access Officer Carol Johnson
Associate Attorney
Counsel's Office
From: New York State Department of Labor
--- Please respond above this line ---
04/04/2024 Peter Fugiel
MuckRock News, DEPT MR152326 263 Huntington Ave
Boston MA 02115 RE: PUBLIC RECORDS REQUEST of September 25, 2023, Reference # R001184-092523 Dear Peter Fugiel, This letter is in response to your public information request from you on September 25, 2023. Your request mentioned: “To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All documents provided to Randy Mastro of Gibson, Dunn & Crutcher, LLP in response to FOIL requests he submitted in 2015. I do not know the tracking number(s), but one such request was submitted to the Office of the Governor on 7/29/2015 for documents pertaining to the Fast Food Wage Board. The requested records include "all documents relating to the selection of the members of the Fast Food Wage Board" and "all documents relating to any Fast Food Wage Board meeting, hearing, or event."
Note that I am also submitting my request to the New York State Department of Labor since some of the responsive records may be maintained by that agency rather than the Governor's Office.
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,
Peter Fugiel
Upload documents directly: https://www.muckrock.com/ Please be advised that the Department could not complete a response to your FOIL request within 20 business days due to the volume of requests currently pending with the Department and our obligation to treat each request equally. The Department estimates that you will receive a response to your request within 90 business days. Thank you, Jill Archambault Records Access Officer Carol Johnson
Supervising Attorney
From: Peter Fugiel
Dear Jill Archambault and Carol Johnson,
I am confused by the vague and seemingly arbitrary time estimates for responding to this request. First I was told 20 business days, then 90, then 30, now (another) 90. Is it too much to ask for a single accurate estimate? How many months did it take you to respond to the requests you closed most recently? That information would be much more helpful than a series of arbitrary estimates you do not comply with.
Thank you,
Peter Fugiel
From:
Dear Ms. Archambault and colleagues,
I am an academic researcher seeking records related to the Department of
Labor's rulemaking activities. The requested records include recordings of
public hearings and testimony previously available on the DOL website
<https://web.archive.org/web/20160530052744/http://labor.ny.gov/workerprotection/laborstandards/wageboard2015.shtm>.
The
tracking number for my request is R001184-092523.
I submitted my request on September 25, 2023 but have yet to receive any
records or reasonable estimate of when the records will be available
(again). I was initially given an estimate of 20 business days. A month
later, the estimate was extended by 90 days. After 90 days, it was pushed
back by 30 days. Most recently, I was given another estimate of 90 business
days. I have attached the full message history related to this request.
I do not consider the estimates provided to me reasonable under the
circumstances of the request. It has been over six months since I submitted
my request and three estimates have expired with no explanation. Please
note that no redactions or reformatting should be required for records
previously released in response to Randy Mastro's 2015 FOIL request or
published to a public webpage. I kindly ask that you provide me with a
reasonable estimate taking into account the nature of my request and the
time it took the Department to respond to similar recent requests.
Sincerely,
*Peter Fugiel, PhD* | Postdoctoral Research Fellow
Department of Labor Studies and Employment Relations
Rutgers School of Management and Labor Relations
From: New York State Department of Labor
Mr. Fugiel,
Attached please find the final determination of this agency regarding the above enumerated Freedom of Information Law Appeal. Determination and Appeal attached. Hard copy to follow by mail.
Marshall H. Day
Chief Administrative Law Judge
New York State Department of Labor | Administrative Adjudication
State Office Building Campus
Building 12, Room 266c, Albany NY 12226
adminadjud@labor.ny.gov<mailto:adminadjud@labor.ny.gov>
[Department of Labor Logo]
This message may contain confidential and/or legally privileged information. Confidential information may not be used or disclosed except for the express purpose for which it was sent. Forwarding of a privileged communication will compromise its privileged nature. If you are not the intended recipient, you are hereby notified that disclosure, dissemination, copying or distribution of this transmission or its attachments is strictly prohibited; please notify the sender immediately by return e-mail and delete the transmission and its attachments.
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