NYS FOIL - Legality and Safety
| Submitted | Feb. 6, 2022 |
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Communications
From: Douglas Lloyd
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Any documents and communications regarding any steps the district took to verify the implementation of the recommendations, guidelines, best practices, procedures, mandates and/or requirements issued by the CDC, or NYS Health Department, or any other regulatory body, did not violate any of the following laws:
New York Constitution Article 1 section 1 - Rights, Privileges and Franchise Secured
New York Constitution Article 1 section 3 - Religious exemptions
New York Constitution Article 1 section 8 - Freedom of speech
New York State Office of the Professions Code 6522 - Practicing medicine without a license
New York Consolidated Law PEN 190.26 2 - Enforcing laws without legal authority to do so.
New York Civil Rights Law Article 4 Section 40 - Equal rights
New York civil rights law article 4 section 40-C - Equal protection
New York Human Rights Law Article 5 Section 2 - Aggrieved by unlawful discriminatory practices.
New York Office of Professions Code 29 b1 (Title 8, part 29) willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession;
New York penal code 135.60 - Coercion
New York penal code 240.20 - Disorderly conduct
New York penal code 120.14 - Menacing in second degree
New York penal code 135.60 - Coercion in third degree
New York penal code 145.15 - Criminal tampering in second degree
New York penal code 240.35 - Loitering
New York Penal code 260.10 - Endangering the welfare of a child
21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies
Any documents and communications regarding any steps the district took to verify the FDA Approved vaccine Comirnaty, was being administered, as advertised, at district funded and/or promoted events.
Any documents and communications regarding any steps the district took to verify the available EUA Vaccine was interchangeable with the unavailable FDA Approved vaccine Comirnaty.
Any documents and communications regarding any steps the district took to verify the legality of mandating the EUA vaccine for 5-11 year olds.
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,
Douglas Lloyd
From: Bethlehem Central School District, Delmar
>
> Dear Mr. Lloyd,
>
The district is in receipt of your FOIL request as noted below dated
February 6, 2022. The records you requested are being gathered to the
extent possible, and should be available by March 15, 2022.
Sincerely,
Michelle Curtis
>
> ---------- Forwarded message ---------
> From: <requests@muckrock.com>
> Date: Sun, Feb 6, 2022 at 10:41 PM
> Subject: [External] New York Freedom of Information Law Request: NYS FOIL
> - Legality and Safety
> To: <jkehoe@bethlehemschools.org>
>
>
>
> Bethlehem Central School District, Delmar
> FOIL Office
> 700 Delaware Avenue
> Delmar, NY 12054
>
> February 6, 2022
>
> To Whom It May Concern:
>
> Pursuant to the New York Freedom of Information Law, I hereby request the
> following records:
>
> Any documents and communications regarding any steps the district took to
> verify the implementation of the recommendations, guidelines, best
> practices, procedures, mandates and/or requirements issued by the CDC, or
> NYS Health Department, or any other regulatory body, did not violate any of
> the following laws:
>
> New York Constitution Article 1 section 1 - Rights, Privileges and
> Franchise Secured
> New York Constitution Article 1 section 3 - Religious exemptions
> New York Constitution Article 1 section 8 - Freedom of speech
> New York State Office of the Professions Code 6522 - Practicing medicine
> without a license
> New York Consolidated Law PEN 190.26 2 - Enforcing laws without legal
> authority to do so.
> New York Civil Rights Law Article 4 Section 40 - Equal rights
> New York civil rights law article 4 section 40-C - Equal protection
> New York Human Rights Law Article 5 Section 2 - Aggrieved by unlawful
> discriminatory practices.
> New York Office of Professions Code 29 b1 (Title 8, part 29) willful or
> grossly negligent failure to comply with substantial provisions of Federal,
> State or local laws, rules or regulations governing the practice of the
> profession;
> New York penal code 135.60 - Coercion
> New York penal code 240.20 - Disorderly conduct
> New York penal code 120.14 - Menacing in second degree
> New York penal code 135.60 - Coercion in third degree
> New York penal code 145.15 - Criminal tampering in second degree
> New York penal code 240.35 - Loitering
> New York Penal code 260.10 - Endangering the welfare of a child
> 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in
> emergencies
>
> Any documents and communications regarding any steps the district took to
> verify the FDA Approved vaccine Comirnaty, was being administered, as
> advertised, at district funded and/or promoted events.
>
> Any documents and communications regarding any steps the district took to
> verify the available EUA Vaccine was interchangeable with the unavailable
> FDA Approved vaccine Comirnaty.
>
> Any documents and communications regarding any steps the district took to
> verify the legality of mandating the EUA vaccine for 5-11 year olds.
>
> 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,
>
> Douglas Lloyd
>
> View request history, upload responsive documents, and report problems
> here:
>
> https://www.muckrock.com/
>
> If prompted for a passcode, please enter:
> ••••••••
>
> Filed via MuckRock.com
> E-mail (Preferred): requests@muckrock.com
>
> For mailed responses, please address (see note):
> MuckRock News
> DEPT MR 124581
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
> being sent through MuckRock by the above in order to better track, share,
> and manage public records requests. Also note that improperly addressed
> (i.e., with the requester's name rather than "MuckRock News" and the
> department number) requests might be returned as undeliverable.
>
>
>
> --
>
> Judith E. Kehoe
>
> Chief Business and Financial Officer
>
> Bethlehem Central School District
>
> 700 Delaware Avenue
>
> Delmar, NY 12054
>
> 518.439.7481, ext. 31920
>
--
*Michelle Curtis*
Secretary to Chief Business and Financial Officer
Secretary to Human Resource Director
Bethlehem Central High School, Business Office
700 Delaware Avenue
Delmar, NY 12054
(518) 439-7481, ext. 31922
(518) 478-0650, fax
--
This
electronic transmission contains CONFIDENTIAL INFORMATION,
which may also be
LEGALLY PRIVILEGED and which is intended only for the use
of the addressee(s)
named above. If you are not the intended recipient of
this transmission, or the
employee or agent responsible for the delivery of
it to the intended recipient,
you are hereby notified that any
dissemination or copying of this transmission
is prohibited. If you have
received this transmission in error, please notify
the sender immediately
and permanently delete this transmission and any attachments.
Thank you.
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 Feb. 6, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Douglas Lloyd
Thank you Michelle!
I really appreciate your time and effort fulfilling these requests.
Regards,
Doug
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 Feb. 6, 2022. You had previously indicated that it would be completed on March 15, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Bethlehem Central School District, Delmar
Please see attached response.
--
Judith E. Kehoe
Chief Business and Financial Officer
Bethlehem Central School District
700 Delaware Avenue
Delmar, NY 12054
518.439.7481, ext. 31920
--
This
electronic transmission contains CONFIDENTIAL INFORMATION,
which may also be
LEGALLY PRIVILEGED and which is intended only for the use
of the addressee(s)
named above. If you are not the intended recipient of
this transmission, or the
employee or agent responsible for the delivery of
it to the intended recipient,
you are hereby notified that any
dissemination or copying of this transmission
is prohibited. If you have
received this transmission in error, please notify
the sender immediately
and permanently delete this transmission and any attachments.
Thank you.
From: Douglas Lloyd
Hi Judith -
Could you do a more thorough search for these documents and communications?
On 2/8/2022 and 2/9/2022 I notified Mr. Klugman via email the district is in violation of 21 U.S. Code § 360bbb–3.
On 2/11/2022 I notified Jody Monroe via email the district is in violation of 21 U.S. Code § 360bbb–3.
On 2/14/2022 I notified the BOE via email the district is in violation of 21 U.S. Code § 360bbb–3.
On 2/2/2022 I spoke at the BOE meeting, as well as in writing, notifying the Superintendent and BOE:
a) The FDA approved vaccine Comirnaty is not available in the United States
b) The FDA approved vaccine Comirnaty has been ruled not interchangeable with the EUA vaccine.
On 3/4/2022, An Albany County Sheriff's investigator spoke with Jody Monroe in regards to these violations.
Thank you for your assistance!
Regards,
Doug Lloyd
From: Bethlehem Central School District, Delmar
Dear Mr. Lloyd;
We are in receipt of your FOIL request as noted below. The records you
requested are being gathered to the extent possible, and we expect them to
be available by April 29, 2022.
Sincerely,
Michelle Curtis
--
*Michelle Curtis*
Secretary to Chief Business and Financial Officer
Secretary to Human Resource Director
Bethlehem Central High School, Business Office
700 Delaware Avenue
Delmar, NY 12054
(518) 439-7481, ext. 31922
(518) 478-0650, fax
--
This
electronic transmission contains CONFIDENTIAL INFORMATION,
which may also be
LEGALLY PRIVILEGED and which is intended only for the use
of the addressee(s)
named above. If you are not the intended recipient of
this transmission, or the
employee or agent responsible for the delivery of
it to the intended recipient,
you are hereby notified that any
dissemination or copying of this transmission
is prohibited. If you have
received this transmission in error, please notify
the sender immediately
and permanently delete this transmission and any attachments.
Thank you.
From: Douglas Lloyd
I hereby appeal the denial of access regarding my request, which was made on 2/6/2022 and sent to:
Judith E. Kehoe
Chief Business and Financial Officer
Bethlehem Central School District
700 Delaware Avenue
Delmar, NY 12054
jkehoe@bethlehemschools.org
The records that were denied include:
Any documents and communications regarding any steps the district took to verify the implementation of the recommendations, guidelines, best practices, procedures, mandates and/or requirements issued by the CDC, or NYS Health Department, or any other regulatory body, did not violate any of the following laws:
New York Constitution Article 1 section 1 - Rights, Privileges and Franchise Secured
New York Constitution Article 1 section 3 - Religious exemptions
New York Constitution Article 1 section 8 - Freedom of speech
New York State Office of the Professions Code 6522 - Practicing medicine without a license
New York Consolidated Law PEN 190.26 2 - Enforcing laws without legal authority to do so.
New York Civil Rights Law Article 4 Section 40 - Equal rights
New York civil rights law article 4 section 40-C - Equal protection
New York Human Rights Law Article 5 Section 2 - Aggrieved by unlawful discriminatory practices.
New York Office of Professions Code 29 b1 (Title 8, part 29) willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession;
New York penal code 135.60 - Coercion
New York penal code 240.20 - Disorderly conduct
New York penal code 120.14 - Menacing in second degree
New York penal code 135.60 - Coercion in third degree
New York penal code 145.15 - Criminal tampering in second degree
New York penal code 240.35 - Loitering
New York Penal code 260.10 - Endangering the welfare of a child
21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies
Any documents and communications regarding any steps the district took to verify the FDA Approved vaccine Comirnaty, was being administered, as advertised, at district funded and/or promoted events.
Any documents and communications regarding any steps the district took to verify the available EUA Vaccine was interchangeable with the unavailable FDA Approved vaccine Comirnaty.
Any documents and communications regarding any steps the district took to verify the legality of mandating the EUA vaccine for 5-11 year olds.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.
From: Bethlehem Central School District, Delmar
Dear Mr. Lloyd,
You have requested the following:
Could you do a more thorough search for these documents and communications?
On 2/8/2022 and 2/9/2022 I notified Mr. Klugman via email the district is
in violation of 21 U.S. Code § 360bbb–3.
On 2/11/2022 I notified Jody Monroe via email the district is in violation
of 21 U.S. Code § 360bbb–3.
On 2/14/2022 I notified the BOE via email the district is in violation of
21 U.S. Code § 360bbb–3.
On 2/2/2022 I spoke at the BOE meeting, as well as in writing, notifying
the Superintendent and BOE:
a) The FDA approved vaccine Comirnaty is not available in the United States
b) The FDA approved vaccine Comirnaty has been ruled not interchangeable
with the EUA vaccine.
On 3/4/2022, An Albany County Sheriff's investigator spoke with Jody Monroe
in regards to these violations.
The communications you have referenced were all communications between
yourself and the referenced parties. You have these records in your
possession as a first party to the communication. We have confirmed that
there are no other responsive records relative to these topics. As to
conversations that may have occurred between the Superintendent and other
parties, that does not constitute a record subject to FOIL, and accordingly
there are no documents responsive to your request.
Sincerely,
Judi Kehoe
--
Judith E. Kehoe
Chief Business and Financial Officer
Bethlehem Central School District
700 Delaware Avenue
Delmar, NY 12054
518.439.7481, ext. 31920
--
This
electronic transmission contains CONFIDENTIAL INFORMATION,
which may also be
LEGALLY PRIVILEGED and which is intended only for the use
of the addressee(s)
named above. If you are not the intended recipient of
this transmission, or the
employee or agent responsible for the delivery of
it to the intended recipient,
you are hereby notified that any
dissemination or copying of this transmission
is prohibited. If you have
received this transmission in error, please notify
the sender immediately
and permanently delete this transmission and any attachments.
Thank you.
From: Douglas Lloyd
Hi - My foil is requesting all records relating to these violations. I do not believe after five attempts notifying the school they were in violation of US code, including contact with a sheriff's investigator, that there was no attempt made by the school to investigate my concerns.
I understand I have those emails, I'm looking for all records related to my emails, as well as the many other parents that voiced their concerns about the safety and legality of vaccine mandates implemented by the district.
-Doug
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 Feb. 6, 2022. You had previously indicated that it would be completed on April 29, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Bethlehem Central School District, Delmar
Dear Mr. Lloyd:
You have requested the following information on May 10, 2022:
*Subject: RE: New York Freedom of Information Law Request: NYS FOIL -
Legality and SafetyHi - My foil is requesting all records relating to these
violations. I do not believe after five attempts notifying the school they
were in violation of US code, including contact with a sheriff's
investigator, that there was no attempt made by the school to investigate
my concerns.*
*I understand I have those emails, I'm looking for all records related to
my emails, as well as the many other parents that voiced their concerns
about the safety and legality of vaccine mandates implemented by the
district.*
Per review of our records, any other parent concerns shared with the
district were specifically related to their own child. Such records are not
subject to release to the general public, being a confidential record
relating solely to their child(ren). Therefore, your request is denied, as
there are no other responsive records.
Sincerely,
Judith Kehoe
--
Judith E. Kehoe
Chief Business and Financial Officer
Bethlehem Central School District
700 Delaware Avenue
Delmar, NY 12054
518.439.7481, ext. 31920
--
This
electronic transmission contains CONFIDENTIAL INFORMATION,
which may also be
LEGALLY PRIVILEGED and which is intended only for the use
of the addressee(s)
named above. If you are not the intended recipient of
this transmission, or the
employee or agent responsible for the delivery of
it to the intended recipient,
you are hereby notified that any
dissemination or copying of this transmission
is prohibited. If you have
received this transmission in error, please notify
the sender immediately
and permanently delete this transmission and any attachments.
Thank you.
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