FOIL Request: Supporting Data for Governor Hochul’s Recent COVID-19 Statements

Dear Jackson Parker:
This message acknowledges receipt of your request. Your request was received in this office on 9/14/2023 and given the reference number R000766-091423 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:

I am requesting any and all documents, studies, memos, and data that support the following assertions made by Governor Kathy Hochul:

1. That prior COVID-19 vaccinations are not effective against the current spike in COVID-19 cases due to new variants.
2. That the U.S. is seeing increased rates of hospitalizations among babies due to COVID-19.

Please include any scientific studies, internal memos, or expert consultations that were used as a basis for these statements. I am interested in documents from the last two years, up to the current date.

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 10/13/2023.
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New York State Executive Chamber Records Access Office

--- Please respond above this line ---
RE: FOIL Records Request of September 14, 2023., Reference # R000766-091423. Dear Jackson Parker, This letter responds to your request dated September 14, 2023, which pursuant to FOIL, requested:
I am requesting any and all documents, studies, memos, and data that support the following assertions made by Governor Kathy Hochul:

1. That prior COVID-19 vaccinations are not effective against the current spike in COVID-19 cases due to new variants.
2. That the U.S. is seeing increased rates of hospitalizations among babies due to COVID-19.

Please include any scientific studies, internal memos, or expert consultations that were used as a basis for these statements. I am interested in documents from the last two years, up to the current date. Your request is denied pursuant to Public Officers Law § 89(3) which requires a request for records to be “reasonably described.” Whether a request is reasonably described may be dependent upon the nature of an agency’s filing or record keeping system and agency employees are not required to engage in herculean or unreasonable efforts to locate records (see Konigsberg v. Coughlin, 68 N.Y.2d 245 (N.Y. 1986) and the NYS Committee on Open Government’s FOIL Advisory Opinions 18949 and 18863).
Your request seeks “any and all” records during a “2 year time period” without reference to specific individuals or external parties, and lacks a specific subject matter or search terms; as such, it does not “reasonably describe” the records requested.  See Public Officers Law § 89(3)(a).  The Committee on Open Government has explained that “a request for ‘all’ records, without limitation, that include a certain name, for example, might not be found to reasonably describe the records.” (COOG AO-18949 (Aug. 20, 2012)).
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination.  You may make an appeal by writing:  FOIL Appeals Officer, Executive Chamber, State Capitol, Albany, New York, 12224. Sincerely, New York State Executive Chamber Records Access Office