FOIL rules and regulations (Division of Homeland Security and Emergency Services)

Benjamin Lesser filed this request with the Division of Homeland Security and Emergency Services of New York.
Tracking #

DHSES_14-44-A

Status
Completed

Communications

From: Benjamin Lesser

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 copy of the rules, regulations and policies for access to agency records under the Freedom of Information Law.

According to New York PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(b):

"Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the committee on open government in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to:

i. the times and places such records are available;
ii. the persons from whom such records may be obtained; and
iii. the fees for copies of records."

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

From: Messina, Linda (DHSES)

Via email only to requests@muckrock.com

December 29, 2014

Mr. Benjamin Lesser
MuckRock News
DEPT MR 14955
PO Box 55819
Boston, MA 02205-5819

RE: FOIL Request No.DHSES_14-44

Dear Mr. Lesser:

This letter is in response to your December 17th and 19th Freedom of Information Law (FOIL) requests to the New York State Division of Homeland Security and Emergency Services (DHSES) for:

1) DHSES subject matter list;

2) DHSES FOIL regulations;

3) A record setting forth the name, public office address, title and salary of every officer or employee of the agency; and

4) 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.
Your request is being reviewed and processed in accordance with Article 6 of the New York State Public Officers Law (including §89(5) if applicable). Unless you object, for purposes of tracking and response, DHSES will treat all four requests as a single request.

Please note that DHSES will require up to twenty (20) business days from the date of this letter to respond to your request.

Thank you.

Linda

Linda Messina
Counsel, OCT & OIEC

NYS Division of Homeland Security & Emergency Services
633 Third Avenue, 32nd Floor, New York, NY 10017
(212) 849-4472 | (347) 723-9386 | Linda.Messina@dhses.ny.gov
www.dhses.ny.gov<http://www.dhses.ny.gov/>

From: MuckRock

Ms. Messina -

Thank you for your response. Please process and respond to each of the four requests separately.

Thank you.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 17, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Messina, Linda (DHSES)

Via email only to requests@muckrock.com

January 16, 2015

Mr. Benjamin Lesser

MuckRock News DEPT MR

14955 PO Box 55819

Boston, MA 02205-5819

RE: FOIL Request No.DHSES_14-44-A

Dear Mr. Lesser:

This letter is in response to your December 17th Freedom of Information Law (FOIL) requests to the New York State Division of Homeland Security and Emergency Services (DHSES) for:

1) DHSES FOIL regulations.

Your request has been reviewed and processed in accordance with Article 6 of the New York State Public Officers Law and the records responsive to your request are hereby attached.

Pursuant to Public Officers Law §89(4)(a), you have thirty (30) days to make a written appeal of this determination. You may make an appeal by writing: to: FOIL Appeals Officer, New York State Division of Homeland Security and Emergency Services, Public Access to Records Appeal, 633 Third Avenue, 32nd Floor, New York, New York 10017.

Thank you.

Sincerely,

Linda Messina

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