Memoranda and correspondence related to "swipers"
It is a clone of this request.
| Tracking # |
22965 #180614-001599 |
| Submitted | June 6, 2018 |
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Communications
From: Noah McClain
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails sent or received by following individuals in their capacity as officers and employees of the MTA, between January 1, 2003 and December 31, 2014, in which the subject line contains any of the following non-case sensitive terms: “swipers”, “swiper”, “selling swipes” or “mattocks”
Devitto, Michael A.
Linden, Amy
Moakler, Robert G.
Martiesian, Joshua C.
McKinney, Jesse A,
McGill, Deidra A
Weinberger,John
Haas,Richard
Schreibman,Lisa A
Shirazian,Shahram
Eastman, James
Mistry,Jay N
Shaw, Dale
Roberts, Howard
Gaito, John
Reuter, :Larry
Schreibman, Lisa
Please include any memoranda, report file attached to these emails in which the title, subject, or file name contain any of those same terms.
My request should not be construed to include duplicate copies of any material -e.g. one copy of an email will suffice for sender and all receivers, as will one copy of any attachment.
I request to inspect or receive these materials in increments of forty pages, and to be notified once 50 pages of material responsive to this request have been identified, and every 50 pages thereafter.
Please advise me of the appropriate time during normal business hours for inspecting these records prior to obtaining copies.
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,
Noah McClain
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number ##180614-001599.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
An acknowledgement letter, stating the request is being processed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number ##180614-001599.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number ##180614-001599.
Thanks for your help, and let me know if further clarification is needed.
From:
Hi Mr. McClain:
This email is regarding your Foil Request No. 22965 (Incident # 180614-001599).
Can you please verify that the following individuals are NYCT Employees, or if these are their full names, correctly spelled:
Eastman, James
Roberts, Howard
Reuter, :Larry
Thanks,
Manpreet Kaur
Deputy Freedom of Information Law Officer
NOTICE: This email (and any attachments or hyperlinks within it) was sent from within the New York City Transit Authority's Law Department. It may contain information that is confidential, legally privileged or otherwise protected from disclosure. If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.
From: Noah McClain
Dear Mr. Kaur,
Thanks for your response. I hope these notes and middle initials add clarification:
Eastman, James A.: Was Director of MetroCard Security until the late 2000s.
Roberts, Howard H: Was President of New York City Transit from 2007 - 2009. His appointment to the position was announced on this official MTA press release:
http://www.mta.info/press-release/mta-headquarters/mta-picks-howard-roberts-head-nyc-transit
Reuter, Lawrence G. : Preceded Howard Roberts as President of New York City Transit from 1996 until January, 2007. His resignation was announced in the following official MTA press release: http://www.mta.info/press-release/mta-headquarters/mta-new-york-city-transit-president-lawrence-g-reuter-announces
I hope that clears up any confusion.
Sincerely,
Noah McClain
From: Metropolitan Transit Authority (MTA), New York City Transit
Thank you for clarifying. We will conduct a search and get back to you.
Sincerely,
Manpreet Kaur
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
Dear Mr. McClain:
I am still working on your request, and will contact you when the records, if any, have been prepared. As of now, the estimated date of completion remains to be 10/18/2018.
Thank you,
Manpreet
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
Hi Mr. McClain,
As previously advised on August 14, 2018, I am still working on your request, and will contact you when the records, if any, have been prepared. As of now, the estimated date of completion remains to be 10/18/2018.
Thank you for your patience.
Sincerely,
Manpreet Kaur
From: Metropolitan Transit Authority (MTA), New York City Transit
Dear Mr. McClain:
I am still working on your request. Due to the broad and voluminous nature of the request, I need additional time to review the records. The new estimated completion date is expected to be 12/31/2018.
If you are able to narrow down your request, it may permit the Foil Unit to complete the request in a shorter time period.
I apologize for any inconvenience.
Sincerely,
From: Noah McClain
Dear Mr. Kaur,
Thank you for your response and updated estimated date of completion, which puts the new time horizon at the very last day of 2018.
I would be happy to work with you to better-specify and narrow the scope of my request if that might aid in advancing the process.
Pursuant to that goal, it would be very helpful if I had access to the records you have identified at this point. I hereby request access to the responsive records identified thus far. After I have reviewed them, I will be in further touch to narrow the scope of your efforts.
Sincerely
Noah McClain
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on Oct. 18, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
Good morning,
As advised below on October 3, 2018, your request for email records for 17 individuals for over 10 years requires time to review and determine whether they are subject to disclosure under FOIL. The new estimated completion date is expected to be 12/31/2018.
Thank you for your patience.
Manpreet Kaur
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on Oct. 18, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on Oct. 18, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on Oct. 18, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on Oct. 18, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on Oct. 18, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
Dear Mr. McClain:
Due to the broad and voluminous nature of the request, I need additional time to review the records. The new estimated completion date is expected to be 06/30/2019.
I sincerely apologize for the delay and will update you as soon as a response is prepared.
Thank you for your patience.
Sincerely,
Manpreet Kaur
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on Oct. 18, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
As previously advised on January 3, 2019, I am still working on your request, and will contact you when the records, if any, have been prepared. As of now, the estimated date of completion remains to be 06/30/2019.
You may narrow down you request in various ways; you may provide a smaller time frame, and provide a more specific subject matter. The terms “swipers”, “swiper”, “selling swipes” or “mattocks” produce a very broad range of emails that require reviewing.
From: Noah McClain
Dear Manpreet Kaur,
Thank you for your most recent letter, inviting me to narrow the scope of my request.
I am indeed interested in expediting my request by narrowing its scope.
Per my prior message, I would appreciate immediate access to responsive documents identified since June of last year, when the request was acknowledged.
In addition, please narrow the scope of the request to email correspondence containing the keywords in the original request for a shorter span of years (1/1/2003-12/30/2009), for just two MTA personnel:
Howard H. Roberts
Lawrence G. Reuter
With this narrower scope, can you give me an updated estimated time of completion?
Sincerely
Noah McClain
From: Noah McClain
Dear Manpreet Kaur,
On January 29, 2019, I responded to an offer to narrow the scope of my request, for emails with certain keywords from seventeen NYCT officials. I responded by narrowing the scope the request to just two individuals, Howard Roberts and Lawrence G Reuter.
My goal was to make the request much more manageable, and to expedite its fulfillment. With this much-narrowed scope, is the extension you requested of June 30, 2019, still necessary?
Even if so, I hereby request all responsive documents identified to date, and an updated timeline for full completion.
Sincerely
Noah McClain
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Noah McClain
To: Thomas J. Quigley
General Counsel
Metropolitan Transportation Authority
2 Broadway
New York NY 10004
via USPS certified mail, tracking # 7019 1640 0000 4531 6100
CC: FOIL Records Access Officers
Metropolitan Transportation Authority and New York City Transit
Sent via the MuckRock platform (https://www.muckrock.com/)
CC: Franklin H. Stone,
New York State Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231
From: Noah McClain, PhD
Department of Social Sciences
Illinois Institute of Technology
Siegal Hall, #116
3301 S. Dearborn
Chicago IL 61610
nmcclain@iit.edu
Date: December 6, 2019.
Re: MTA FOIL requests:
1. No. 22965 (Incident 180614-001599), acknowledged by MTA paralegal Manpreet Kaur on June 18, 2018. (correspondence available at https://www.muckrock.com/foi/new-york-16/memoranda-and-correspondence-related-to-swipers-55738/
2. No. 2018-5, acknowledged by MTA paralegal Kimlyn Carby on June 6, 2018 (correspondence available at https://www.muckrock.com/foi/new-york-16/memoranda-and-correspondence-related-to-swipers-55056/)
Dear Mr. Quigley,
I write in regards to the above-referenced FOIL requests (hereafter “request 1” and “request 2”, according to the above numbering).
Request 1 requested emails of senior staff associated with New York City Transit which contained any of four keywords. It requested an opportunity to inspect the records in-person, and to be notified when forty pages of responsive records have accumulated.
A message from the MTA, received on October 18, 2019, indicated a new estimated completion date of 12/31/2018. A message from your office received on 1/3/2019 then estimated a completion date of June 30, 2018. The letter indicated that the request was voluminous and required great time to review. I take this to mean that numerous records have been identified as responsive.
A follow-up message from the MTA on January 18, 2019 invited me to narrow the scope of my request. I responded on Jan 29, 2019 offering to narrow the scope of my request, to emails which involve just two MTA executives. I reiterated my offer in a message dated April 3, 2019. I have received no acknowledgement of my offer, or to eleven subsequent letters asking for updates on my request. At the time of writing, I have received no correspondence regarding Request 1 from the MTA for ten months.
Request 2 asked for emails of senior staff of the MTA which contained any of three keywords. It asked for an opportunity to inspect the records in-person. Letters from Ann Cutler extended the MTA’s completion date to August 25, 2018, then to October 26, 2018. With no further response from your office, I offered, on April 3, 2019, to narrow the scope of my request to expedite the identification of records. That offer went unacknowledged, and the last correspondence received from your office over this matter is dated June 28, 2019.
Both of these requests approach eighteen months old. In these matters, the MTA is clearly out of compliance with New York’s Freedom of Information Law (FOIL). I ask your compliance with both its letter and spirit. If the requests were burdensome, I have given your agency ample opportunity to narrow the scope of the request, but these offers have been ignored.
I have cc’d the New York State Committee on Open Government to keep them apprised of this matter.
I remind your office of legislation signed on December 13, 2017, amending the public officer’s law (Section 1, paragraph c, subdivision 4, section 89) to read,
“(c) The court in such a proceeding: (i) may assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, [when: i. the agency had no reasonable basis for denying access; or ii.] and when the agency failed to respond to a request or appeal within the statutory time; and (ii) shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed and the court finds that the agency had no reasonable basis for denying access.
§2. This act shall take effect immediately.”
I hereby request that your organization fulfill these two requests as originally written within five business days, including by either accommodating my requests to inspect these records in-person during normal business hours, or by waiving fees for the production of digital scans emailed to me. Please notify me by email (address above) that the records will be provided within this time-frame, and to make arrangements for the provision or inspection of records.
Sincerely
Noah McClain
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 6, 2018. You had previously indicated that it would be completed on June 30, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #22965.
Thanks for your help, and let me know if further clarification is needed.
From: Metropolitan Transit Authority (MTA), New York City Transit
+--------------------------------------------+
| Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.
To access your question from our support site, https://mta-nyc2.custhelp.com/app/account/questions/detail/i_id/1711083/track/AvMwywooDv8S~f5FGige~yJ7leMqhy75Mv_g~zj~PP9p/
Subject
Memoranda and correspondence related to "swipers"
Response By Email (Manpreet Kaur)(03/18/2020 09:46 PM)
This letter is in response to your Freedom of Information Law request for the following:
Emails sent or received by following individuals in their capacity as officers and employees of the MTA, between January 1, 2003 and December 31, 2014, in which the subject line contains any of the following non-case sensitive terms: swipers, swiper, selling swipes or mattocks.
Devitto, Michael A.
Linden, Amy
Moakler, Robert G.
Martiesian, Joshua C.
McKinney, Jesse A,
McGill, Deidra A
Weinberger,John
Haas,Richard
Schreibman,Lisa A
Shirazian,Shahram
Eastman, James
Mistry,Jay N
Shaw, Dale
Roberts, Howard
Gaito, John
Reuter, :Larry
Schreibman, Lisa
On numerous occasions, MTA/New York City Transit advised that your request as described above is extremely broad, not reasonably described and requires an extensive amount of time to review and determine what is subject to disclosure under Public Officers Law §84-90. In an effort to provide a response within a reasonable timeframe, we requested that you narrow down your request.
On January 29, 2019, you narrowed down your request to state the following:
Please narrow the scope of the request to email correspondence containing the keywords in the original request for a shorter span of years (1/1/2003-12/30/2009), for just two MTA personnel:
Howard H. Roberts
Lawrence G. Reuter
We conducted a thorough search based on the narrowed description and were advised that due to technical limitations, MTA/New York City Transit is unable to locate the responsive records.
If you wish to file an appeal regarding our response to your request, you may do so within thirty (30) days from this correspondence by sending a written appeal to: Chief Safety Officer, Patrick Warren, MTA Headquarters, 2 Broadway, New York, NY 10004.
Accordingly, this request is now closed.
Customer By CSS Web (Noah McClain)(06/14/2018 10:54 AM)
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails sent or received by following individuals in their capacity as officers and employees of the MTA, between January 1, 2003 and December 31, 2014, in which the subject line contains any of the following non-case sensitive terms: swipers, swiper, selling swipes or mattocks
Devitto, Michael A.
Linden, Amy
Moakler, Robert G.
Martiesian, Joshua C.
McKinney, Jesse A,
McGill, Deidra A
Weinberger,John
Haas,Richard
Schreibman,Lisa A
Shirazian,Shahram
Eastman, James
Mistry,Jay N
Shaw, Dale
Roberts, Howard
Gaito, John
Reuter, :Larry
Schreibman, Lisa
Please include any memoranda, report file attached to these emails in which the title, subject, or file name contain any of those same terms.
My request should not be construed to include duplicate copies of any material -e.g. one copy of an email will suffice for sender and all receivers, as will one copy of any attachment.
I request to inspect or receive these materials in increments of forty pages, and to be notified once 50 pages of material responsive to this request have been identified, and every 50 pages thereafter.
Please advise me of the appropriate time during normal business hours for inspecting these records prior to obtaining copies.
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,
Noah McClain
Question Reference # 180614-001599
* Date Created: 06/14/2018 10:54 AM
* Date Last Updated: 03/18/2020 09:46 PM
* Status: FOIL - Waiting on Requester |
+--------------------------------------------+
[---001:003762:44840---]
From: Noah McClain
Dear Records Access Officer,
Your message of March 18, 2020 sought to deny my request of June 14, 2018 (Foil Request No. 22965 / Incident # 180614-001599) based on unspecified “technical limitations” following a multi-year period in which you indicated that numerous records were being reviewed , apparently without those same "technical limitations".
The message referred Chief Safety Officer Patrick Warren as the Appeals Officer along with a business address of MTA Headquarters, without even a suite or office number.
Patrick Warren is not documented as the Appeals Officer of the MTA.
Further, the notice of denial was flawed. Per the committee on Open Government: “ Denial of access shall be in writing stating the reason therefor and advising the person denied access of his or her right to appeal to the person or body designated to determine appeals, and that person or body shall be identified by name, title, business address and business telephone number.”
You did not prove the business telephone number of this individual, and it is not otherwise available. These imperfections make the denial of my request improper.
I hereby construe the delay – greater than three years – in providing access to records as a denial of my request.
I hereby appeal the denial.
Per the Freedom of Information law, please identify the individual or group who will make a determination on this appeal according to the criteria above. That individual or group is required to notify the Committee on Open Government of this appeal, and will be required to provide its written determination as well.
Sincerely
Noah McClain
From: Metropolitan Transportation Authority (MTA), Headquarters
Mr. McClain,
Please see attached letter.
Thank you,
Manpreet Kaur
Paralegal
General Counsel's Office/FOIL Unit
[mta logo resized]
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From:
Hi there,
We wanted to let you know that we've updated our
https://click.info.mta.org/?qs=feca93fad0641cfbc638c5dde5d07f29632686e88505950c9d579df2523224955e72f029b7d6d45b39cf4f3a50ed2e8c9556c11fee6b28f4
Privacy Policy , effective today. This includes changes to how we may collect and use your personal information, and your options for what we collect and how we use it.
Here's a brief overview of the changes:
- We've changed how we use location data that you may opt in to sharing within the TrainTime app.
- We've updated our policy on sharing personal information with our partners for promotional or research purposes.
- We've provided additional information about the location data that you may opt in to sharing within the new MTA app as part of the new optional "Smart Alerts" feature.
- We've provided information about when we may contact you by email, and how you can opt out of receiving messages from us.We encourage you to
https://click.info.mta.org/?qs=feca93fad0641cfbc638c5dde5d07f29632686e88505950c9d579df2523224955e72f029b7d6d45b39cf4f3a50ed2e8c9556c11fee6b28f4
read the full privacy policy .
Thank you for riding with us.
Metropolitan Transportation Authority
2 Broadway, New York, NY 10004
Please note that this is a legal notice, which is why you are receiving it even if you have opted out of receiving MTA marketing emails.
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