FOIL: Procedures for handling removal of school officers by NYSED Commissioner

To Whom It May Concern:

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

All materials related to processes that would need to take place if the Commissioner of Education of the State of New York removes one, multiple or all board members, school officers or superintendents from a school district under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES. Specifically, I request any and all materials including, but not limited to:

1) Policies, procedures, and protocols for responding to the removal of board members, school officers or superintendents, including but not limited to filling vacancies and ensuring continuity of school district operations.

2) Records of any past instances where the Commissioner of Education has removed board members, school officers or superintendents from school districts under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES and the actions taken by the Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or NYSED in response.

3) Any other records or materials relevant to the processes that would need to take place if the Commissioner of Education removes one, multiple or all board members, school officers or superintendents from a school district under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES.

Please provide any records or materials that are responsive to this request, regardless of format or medium. If some records are not subject to disclosure, please provide the reasons for the denial of access.

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,

Jackson Parker

I am writing to appeal the summary denial of access to records request submitted to the Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES (CR BOCES). As of the date of this letter, I have not received any response from CR BOCES, which constitutes a constructive denial of my request.

I respectfully request that my appeal be given priority due to the pressing public interest in the matter and the urgency stemming from a pending petition for removal in front of the Commissioner of Education of the State of New York related to CR BOCES. Furthermore, I would like to highlight that CR BOCES is currently defying the Commissioner's Orders as outlined in NYSED Commissioners Decision no. 18211. (http://www.counsel.nysed.gov/Decisions/volume62/d18211)

In my initial request, I asked for all materials related to processes that would need to take place if the Commissioner of Education of the State of New York removes one, multiple, or all board members, school officers, or superintendents from a school district under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES. Specifically, I requested any and all materials, including but not limited to:

1. Policies, procedures, and protocols for responding to the removal of board members, school officers, or superintendents, including but not limited to filling vacancies and ensuring continuity of school district operations.

2. Records of any past instances where the Commissioner of Education has removed board members, school officers, or superintendents from school districts under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES and the actions taken by the Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or NYSED in response.

3. Any other records or materials relevant to the processes that would need to take place if the Commissioner of Education removes one, multiple, or all board members, school officers, or superintendents from a school district under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES.

I believe that these records are of great public interest and importance, and the BOCES has an obligation to provide them to me in accordance with the New York Freedom of Information Law.

Therefore, I respectfully request that CR BOCES provide me with the requested records and certify that a diligent search has been conducted. I also request any advisory opinions which would support expedited processing due to public interest.

I am writing to appeal the denial of access to records request submitted to the Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES (CR BOCES). As of the date of this letter, I have not received any response from CR BOCES, which constitutes a constructive denial of my request.

I respectfully request that my appeal be given priority due to the pressing public interest in the matter and the urgency stemming from a pending petition for removal in front of the Commissioner of Education of the State of New York related to CR BOCES. Furthermore, I would like to highlight that CR BOCES is currently defying the Commissioner's Orders as outlined in NYSED Commissioners Decision no. 18211. (http://www.counsel.nysed.gov/Decisions/volume62/d18211)

In my initial request, I asked for all materials related to processes that would need to take place if the Commissioner of Education of the State of New York removes one, multiple, or all board members, school officers, or superintendents from a school district under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES. Specifically, I requested any and all materials, including but not limited to:

1. Policies, procedures, and protocols for responding to the removal of board members, school officers, or superintendents, including but not limited to filling vacancies and ensuring continuity of school district operations.

2. Records of any past instances where the Commissioner of Education has removed board members, school officers, or superintendents from school districts under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES and the actions taken by the Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or NYSED in response.

3. Any other records or materials relevant to the processes that would need to take place if the Commissioner of Education removes one, multiple, or all board members, school officers, or superintendents from a school district under the jurisdiction of Sole Supervisory District of Albany-Schoharie-Schenectady-Saratoga Counties and BOCES or CR BOCES.

I believe that these records are of great public interest and importance, and the BOCES has an obligation to provide them to me in accordance with the New York Freedom of Information Law.

Therefore, I respectfully request that CR BOCES provide me with the requested records and certify that a diligent search has been conducted. I also request any advisory opinions which would support expedited processing due to public interest.

The response provided linking to an invalid webpage, inaccessible from the internet constitutes a denial of access, as the district is the agency requested, and no affirmation or information suggesting that a diligent search has been conducted has been provided, nor has there been a public officers certification of such.