FOIL Request for Information on COVID-19 Tests and Masks Distribution to Schools (Office of the Governor - New York)

Dear Jackson Parker:
This message acknowledges receipt of your request. Your request was received in this office on 9/18/2023 and given the reference number R000769-091823 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:

1. All communications between the Governor's Office and/or the State Education Department and/or Boards of Cooperative Educational Services (BOCES) regarding the distribution of COVID-19 rapid test kits and N-95 and KN-95 masks to schools, dated from January 1, 2023, to the present.

2. Records of all requests submitted by school districts and BOCES for COVID-19 rapid test kits and N-95 and KN-95 masks, dated from January 1, 2023, to the present.

3. Inventory records detailing the quantities of COVID-19 rapid test kits and N-95 and KN-95 masks that have been delivered to each BOCES for distribution to school districts, dated from January 1, 2023, to the present.

4. Any and all guidelines, memos, or advisories issued by the Governor's Office or the New York State Department of Health (DOH) regarding the distribution of COVID-19 rapid test kits and masks to schools, dated from January 1, 2023, to the present.

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

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We will provide you with a status update on or before 10/18/2023.
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 Executive Chamber Records Access Office

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RE: FOIL Records Request of September 18, 2023, Reference # R000769-091823 Dear Jackson Parker, Please be advised that we require additional time to complete our response to your FOIL request dated September 18, 2023. We will provide you with a status update on or before November 15, 2023, if we have not completed our response by then. Thank you for your courtesy in this matter. New York State Executive Chamber Records Access Office

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RE: FOIL Records Request of September 18, 2023, Reference # R000769-091823 Dear Jackson Parker, This letter responds to your request dated September 18, 2023, which pursuant to FOIL, requested:
1. All communications between the Governor's Office and/or the State Education Department and/or Boards of Cooperative Educational Services (BOCES) regarding the distribution of COVID-19 rapid test kits and N-95 and KN-95 masks to schools, dated from January 1, 2023, to the present.

2. Records of all requests submitted by school districts and BOCES for COVID-19 rapid test kits and N-95 and KN-95 masks, dated from January 1, 2023, to the present.

3. Inventory records detailing the quantities of COVID-19 rapid test kits and N-95 and KN-95 masks that have been delivered to each BOCES for distribution to school districts, dated from January 1, 2023, to the present.

4. Any and all guidelines, memos, or advisories issued by the Governor's Office or the New York State Department of Health (DOH) regarding the distribution of COVID-19 rapid test kits and masks to schools, dated from January 1, 2023, to the present.
Concerning item #1 of your request, to the extent this portion of your request is reasonably described, please find responsive records at the GovQA link provided below. Please be advised that additional responsive records have been withheld from production because they are exempt from disclosure pursuant to Public Officers Law § 87(2)(a), which precludes access to records that are “specifically exempted from disclosure by state or federal statute,” via Civil Practice Law and Rules 3101(c) and 4503(a), because such records constitute attorney work product or confidential communications made between an attorney and his or her client; and pursuant to Public Officers Law § 87(2)(g), because the records constitute “inter-agency or intra-agency materials” which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits. FOIL Records Request - R000769-091823
Concerning items #2 and #3 of your request, please be advised that despite a diligent search of the records maintained by the Executive Chamber, no records responsive to these portions of your request were located. It is possible that the records you are seeking are maintained by the Division of Homeland Security and Emergency Services (“DHSES”). You may submit a FOIL request to DHSES by sending an email to: DHSESFOIL@dhses.ny.gov.

Concerning item #4 of your request, please be advised that despite a diligent search of the records maintained by the Executive Chamber, no records responsive to this portion of your request were located. 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