FOIL Request: NYSED and AAARI/CUNY MOU and Related Communications in Relation to Senate Bill S1402 (City University of New York)

To Whom It May Concern:

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

Dear Records Access Officer,

I am writing to request records under the New York State Freedom of Information Law (FOIL), Article 6 of the Public Officers Law.

Specifically, I am seeking the following records:

1. A copy of the Memorandum of Understanding (MOU) bearing tracking number SED MOU: 018-015 between the New York State Education Department (NYSED) and the City University of New York - Asian American/Asian Research Institute (AAARI/CUNY). This MOU was signed by Joyce Moy, Executive Director of AAARI at CUNY, on August 2, 2018, and was countersigned by Elizabeth R. Berlin, Executive Deputy Commissioner of NYSED, on July 30, 2018.

2. A copy of the amended MOU (Amendment #1) to the aforementioned MOU. This amended MOU was signed by Joyce Moy on February 13, 2020, and by Phyllis D. Morris, CFO of NYSED, on January 31, 2020.

3. All communications, including but not limited to emails, letters, and memos, between the named signature parties (Joyce Moy, Elizabeth R. Berlin, and Phyllis D. Morris) related to the MOU and its amendment. Please note that email metadata, such as sender, recipient, date, and subject line, is considered responsive factual data and should be included in the disclosure, even if the content of the communications is exempt.

4. All cash receipts, invoices, and payments received or disbursed related to the funds specified in the MOU and its amendment, as well as any related to the work product or completion of the MOU but borne by CUNY.

5. All communications with third parties, subcontractors, or external entities to AAARI/CUNY related to the MOU and its amendment. This includes, but is not limited to, copies of any and all work product and interim work product viewed by outside parties, including NYSED, subcontractors, advisors, consultants, etc.

As per the advisory opinions FOIL-AO-19160, FOIL-AO-18321, and FOIL-AO-17725, even if the content of certain communications is exempt from disclosure under POL §87(2)(g), the factual information about the communication itself, such as the sender, recipient, date, and subject line, should still be disclosed. This metadata does not typically contain deliberative or advisory content, but rather factual information about the communication itself. Therefore, I request that this factual information be disclosed in response to my FOIL request, even if the content of the communications is exempt.

I would like to highlight the urgency of this request in light of the ongoing legislative discussions around Senate Bill S1402, which seeks to amend education law in relation to culturally responsive education and curriculum. The records requested are directly relevant to the public understanding of the state's efforts in this area, particularly the work of NYSED and AAARI/CUNY under the MOU and its amendment.

Moreover, I would like to remind you of the retention requirements under the New York State Archives' LGS-1 schedule. Records that are subject to a FOIL request must be retained until the request has been fully resolved, including any potential appeal process.

If any record has been denied in whole or in part, please justify all deletions by reference to specific exemptions of the law. I expect the request to be filled within 20 business days, as the statute requires.

Given the relevance of these records to ongoing legislative discussions and public interest, I kindly request that you expedite the processing of this request.

Thank you for your assistance with this matter.

NB: You can find reference to the MOU and Amendment Here https://cdn.muckrock.com/foia_files/2023/05/31/CUNY_MOU_VK1ACtp.pdf and Here https://cdn.muckrock.com/foia_files/2023/05/31/CUNY_MOU_Amended_4VCegX6.pdf respectively.

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 formally appeal the summary denial of access due to non-response for records requested under the New York State Freedom of Information Law (FOIL).

Original Request Details:

Date of Request: June 5, 2023
Requested Records: MOU and related communications between NYSED and AAARI/CUNY in relation to Senate Bill S1402.
Grounds for Appeal:

Non-Response: As of 8/11/23, I have not received any acknowledgment, response, or communication regarding the status of my FOIL request, despite the statutory requirement to acknowledge and respond within five business days.
Public Interest: The records requested are of significant public interest, especially in light of ongoing legislative discussions around Senate Bill S1402. The public has a right to understand the state's efforts in this area, particularly the work of NYSED and AAARI/CUNY under the MOU and its amendment.
I kindly request a thorough review of the original request and an explanation for the lack of response. I understand that agencies may face challenges in processing requests, but timely communication is essential to uphold the principles of transparency and public access to information.

I urge you to expedite the processing of this appeal and provide a prompt response to the original FOIL request. If any records or parts of records are deemed exempt from disclosure, I request a detailed justification for each exemption, citing specific provisions of the law.

Thank you for your attention to this matter. I look forward to a timely resolution of this appeal.