Margaret Miller personnel records

Luke Stoddard Nathan filed this request with the New York State Office of Information Technology Services of New York.
Tracking #

ITS FOIL 2017-37
Submitted June 14, 2017
Status
Completed

Communications

From: Luke Stoddard Nathan

Subject: Freedom of Information Law Request: Margaret Miller personnel records

Email

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:

any and all records pertaining to the resignation, termination, or end of employment of former Chief Information Officer Margaret Miller, including any separation or severance agreements; confidentiality or non-disclosure agreements; pay-out forms; standard worksheets; and correspondence.

If my request is too broad or does not adequately describe the Records, please contact me so that I may clarify my request, and when appropriate inform me of the manner in which Records are filed, retrieved or generated.

Please note that statistical or factual tabulations or data; instructions to staff that affect the public; and final agency policy or determinations cannot be withheld from the public under Section 87(2)(g) of Public Officers Law, Article 6.

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,

Luke Stoddard Nathan

From: oft.sm.counsel.foilrequests

Subject: ITS FOIL 2017-37

Email

Dear Mr. Nathan,
I am responding to your email, dated and received on July 6, 2017, sent to the New York State Office of Information Technology Services ("ITS"), requesting pursuant to the Freedom of Information Law (Public Officers Law, Article 6, "POL"), "any and all records pertaining to the resignation, termination, or end of employment of former Chief Information Officer Margaret Miller, including any separation or severance agreements; confidentiality or non-disclosure agreements; pay-out forms; standard worksheets; and correspondence." Furthermore, I am in receipt of your email dated and received July 11, 2017, which erroneously states that your original request was sent on June 14, 2017. Please be advised that ITS has no record of receipt of this request until July 6, 2017.
To the extent that your request describes records within the possession of ITS, and in accordance with the provisions of POL, ITS will retrieve those records that are responsive to your request and will review the same for accessibility purposes under that Law. In this regard, POL does not require an agency to prepare any record that it does not ordinarily possess or maintain. See POL § 89(3).
The process of retrieval and evaluation of records in ITS' possession that are responsive to your request is expected to take approximately twenty (20) business days. ITS will contact you by August 3, 2017, concerning the existence and accessibility of any records in its possession that are within the scope of your request.
Very truly yours,
Records Access Officer
Division of Legal Affairs

Office of Information Technology Services
Empire State Plaza
PO Box 2062
Albany, New York 12220-0062
(518) 473-5115 | counsel.foilr@its.ny.gov<mailto:counsel.foilr@its.ny.gov>
www.its.ny.gov<http://www.its.ny.gov/>

From: Luke Stoddard Nathan

Subject: RE: Freedom of Information Law Request: Margaret Miller personnel records

Email

Thank you for the acknowledgment. I look forward to your response by August 3rd.

From: oft.sm.counsel.foilrequests

Subject: RE: Freedom of Information Law Request #ITS FOIL 2017-37

Email

Dear Mr. Nathan,

Please be advised that ITS did not receive the request for information that you reference below until July 6, 2017, and disputes the accuracy of the statement contained in your email below dated August 3, 2017 and received by ITS at 5:01 a.m., as well as your previous emails dated July 11, 2017 and August 2, 2017, each of which indicate that the original request was sent on June 14, 2017. As to ITS’s response to your request received on July 6, 2017, please see attached.

Very truly yours,

Records Access Officer
Division of Legal Affairs

Office of Information Technology Services
Empire State Plaza
PO Box 2062
Albany, New York 12220-0062
(518) 473-5115 | counsel.foilr@its.ny.gov<mailto:counsel.foilr@its.ny.gov>
www.its.ny.gov<http://www.its.ny.gov/>

From: Luke Stoddard Nathan

Subject: RE: Freedom of Information Law Request #ITS FOIL 2017-37

Email

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Luke Stoddard Nathan

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