FOIL request log (Metropolitan Transit Authority Police)

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

A log of all requests for agency records under the Freedom of Information Law received over the past three years, or as far back as such records are maintained.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Benjamin Lesser

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 19, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Hello,

Please clarify your response that the MTA Police does not have any log of FOIL requests submitted to the agency. The MTA Police accepts requests via an online portal (see https://mta-nyc2.custhelp.com/app/ask/p/70,80/search/1), and so at least these requests ought to be listed in a log of some kind.

Please advise.

Thank you.

Hello,

Please advise as to the address and/or office to which an appeal of the MTA Police determination on this FOIL must be sent.

Thank you.

Ms. Cutler:

Checking again on the contact information for submitting a FOIL appeal for the MTA Police. Please advise immediately.

Thank you.

Chairman, Metropolitan Transit Authority
2 Broadway
New York, NY, 10004

I hereby appeal the denial of access regarding my request, which was made on December 19, 2014 and sent to MTA Police Department.   

The request sought a log of all FOIL requests for agency records that the department has received over the past three years. In a response dated January 8, 2015 the MTA Police Department claimed that the department “does not have a FOIL log.”

I am asking the department to reconsider that response. The fact that the MTA accepts FOIL requests via on online form available on the MTA website (see http://mta-nyc2.custhelp.com/app/ask/p/70,80/search/1) indicates that each FOIL request filed with the MTA Police Department is logged electronically once the form is submitted.

Although the Freedom of Information Law does not require the responding agency to create new records in order to comply with the request, the law does state that “when an agency has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, it shall be required to do so.” 

Unless the department is claiming that it does not have any electronic records pertaining to past FOIL requests, then I ask that the department reconsider its response and provide the requested information.

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.

In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

Thank you for your consideration and assistance.

Respectfully,

Benjamin Lesser