FOIA Request for Oath of Office and Public Surety Bonds for the New York State Senate Members (New York - Secretary Of State)

Marvin Garvey filed this request with the New York - Secretary Of State of New York.

It is a clone of this request.

Tracking #

DOS-22-03-168

GARVEY_DOS_20220329234034098

Multi Request FOIA Request for Oath of Office and Public Surety Bonds for the New York State Senate Members
Due April 25, 2022
Est. Completion May 25, 2022
Status
Awaiting Response

Communications

From: Marvin Garvey

To Whom It May Concern:

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

•Photocopies of public officials’ Oaths of Office for:
1. Andrea Stewart-Cousins
2. Michael Gianaris
3. Liz Krueger
4. Neil Breslin
5. Tim Kennedy
6. Jose Serrano
7. Brad Hoylman
8. Gustavo Rivera
9. Kevin Parker
10. Toby Ann Stavisky
11. Roxanne Persaud
12. Joseph Addabbo
13. Todd Kaminsky
14. Leroy Comrie
15. Shelley Mayer
16. Alessandra Biaggi
17. Robert G. Ortt
18. Andrew Lanza
19. Thomas O'Mara
20. Patricia Ritchie
21. Patrick M. Gallivan
22. Joseph Griffo
23. Susan Serino
24. Zellnor Myrie
25. Louis Sepulveda

• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.

• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.

• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above ,if applicable.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available as guaranteed under the law.

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,

Marvin Garvey

From: New York - Secretary Of State

Attached please find correspondence from Department of State regarding your FOIL Request DOS-22-03-155.
If you have any questions regarding your FOIL request, please contact the Department of State Records Access Office at the
address below:

Department of State
Records Access Office
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

From: New York - Secretary Of State

Email






Thank you for submitting your FOIL request through Open FOIL NY.

Here is your Open FOIL NY confirmation information for future reference:

GARVEY_DOS_20220329234034098

INFORMATION SUBMITTED:

Records Requested From
Department of State


Short Title
FOIA Request for Oath of Office and Public Surety Bonds for the New York State Senate Members (New York - Secretary Of State)

Description
To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:•Photocopies of public officials’ Oaths of Office for:1. Andrea Stewart-Cousins2. Michael Gianaris3. Liz Krueger4. Neil Breslin5. Tim Kennedy6. Jose Serrano7. Brad Hoylman8. Gustavo Rivera9. Kevin Parker10. Toby Ann Stavisky11. Roxanne Persaud12. Joseph Addabbo13. Todd Kaminsky14. Leroy Comrie15. Shelley Mayer16. Alessandra Biaggi17. Robert G. Ortt18. Andrew Lanza19. Thomas O'Mara20. Patricia Ritchie21. Patrick M. Gallivan22. Joseph Griffo23. Susan Serino24. Zellnor Myrie25. Louis Sepulveda• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.• Photocopies of the following documents if applicable:o ACORD 125o ACORD 126o ACORD 127o ACORD 128o The documents should indicate the policy number and the insured amount of the policy.• Public Officials and/or any other bonds pertaining to proof of liability and policies.**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above ,if applicable.If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available as guaranteed under the law.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,Marvin GarveyUpload documents directly: https://www.muckrock.com/

Uploaded Files


FOIL Response Format
Email

If fees apply, please contact me if costs will be greater than
$25
Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request. Please allow up to five business days for such communication(s). For your convenience, here is additional contact information:

Department of State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

From: New York - Secretary Of State

Attached please find correspondence from Department of State regarding your FOIL Request DOS-22-03-168.
If you have any questions regarding your FOIL request, please contact the Department of State Records Access Office at the
address below:

Department of State
Records Access Office
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

From: New York - Secretary Of State

Attached please find correspondence from Department of State regarding your FOIL Request DOS-22-03-168.
If you have any questions regarding your FOIL request, please contact the Department of State Records Access Office at the
address below:

Department of State
Records Access Office
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

From: New York - Secretary Of State

Re: FOIL Number DOS-22-03-155

Dear Marvin Garvey:
This letter responds to your request for records under the Freedom of Information Law received by Department of State on March 29, 2022 for:
Short Title:
FOIA Request for Oath of Office and Public Surety Bonds for the New York State Senate Members (New York - Secretary Of State)
Department of State is granting your request and responsive records are attached. The Department of State does not file Bonds.
Pursuant to Public Officers Law § 89(4) you have the right to submit an appeal within thirty (30) calendar days of the date of this correspondence. Any such appeal must be in writing and addressed to: Records Appeal Officer, NYS Department of State, One Commerce Plaza 11th Floor, Suite 1120, 99 Washington Avenue, Albany, New York 12231-0001.

Sincerely,

Cherise Watson
Assistant Records Access Officer
New York State, Department of State

From: Marvin Garvey

Dear Ms. Watson , thank you for your response and for the documents you have provided

I am requesting a certification from The New York -Secretary of State that you are not in possession of following documents requested by FOIL on 3/29/22 for the NYS Senate Members mentioned in FOIL :

• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above, if applicable.

I am reminding you that according to Public Officers Law § 89 [3] commands that a government entity that does not supply records in response to a FOIL request “shall certify that it does not have possession of such record or that such record cannot be found after diligent search” (Public Officers Law § 89 [3] [a] … ). Although “[t]he statute does not specify the manner in which an agency must certify that documents cannot be located” … , respondent failed to provide any such certification … . Accordingly, “we remit the matter to Supreme Court for a determination of whether respondent has any other documents in [his] possession which are responsive to petitioner’s FOIL request” … , or, if no responsive records can be found after a diligent search, for respondent to provide a proper certification as required"... Matter of Thomas v Kane, 2022 NY Slip Op 02164, Third Dept 3-31-22

This is my second request to the NEW YORK SECRETARY OF STATE office to issue a certification if you are not in possession of requested documents via FOIL.

Marvin Garvey

From: New York - Secretary Of State

Please be advised that I no longer work in the FOIL unit.

Thank you.

From: Muckrock Staff

Hi,

Thank you for sharing that information. Who should this request be redirected to? Thanks for your help with this request.

Sincerely,
MuckRock

From: Muckrock Staff

Hi,

We have received communication from Cherise Watson stating that they are no longer working for the FOIL unit. Could you please let us know where we should direct follow-up messages for this request?

Thank you for your help.

Sincerely,

MuckRock

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