Records of New York State Archives, re: Executive Chamber

T. McElwee filed this request with the New York State Education Department of New York.
Tracking #

FL-CE-21/1016

Status
Completed

Communications

From: T. McElwee

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Records of the New York State Archives relating to interactions with the Executive Chamber (colloquially, "The Governor's office" and "the Second Floor") concerning the storage, preservation and destruction of records. This is not a request for the records themselves.

I specifically request any of the following forms received by the New York State Archives from the Executive Chamber in the time period of November 6, 2018 until August 24, 2021:

• REC-1 ("State Archives Records Transfer List") forms;
• REC-2 ("Records Center Reference Request") forms;
• REC-10 ("Records Withdrawal Authorization") forms.

Additionally, all Records Disposition Notifications sent by State Records Center staff to the Executive Chamber in the time period of November 6, 2018 until August 24, 2021.

Finally, all records documenting destruction of records by the Executive Chamber for destruction of records under the State Wastepaper Recycling Contract in the time period of November 6, 2018 until August 24, 2021. This may include documentation of the contractor's pickups from the Executive Chamber or documentation of deliveries to the State Records Center from the Executive Chamber specified for destruction.

I consent in advance to a rolling release on a schedule to be discussed.

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,

T. McElwee

From: New York State Education Department

Dear T. McElwee:

This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding records documenting destruction of records by the Executive Chamber. The reference number for this request is FL-CE-21/1016. Please be advised that you will hear further from the Department by approximately September 13, 2021 as to whether your request will be granted or denied in whole or in part.

SED charges the statutorily permitted fee of $.25 per page for duplication of records requested under FOIL (Public Officers Law §87[1][b][iii]). There is no provision in law or regulation requiring the waiver of this fee. Payment must be made to the NYS Education Department by check or money order. Do not send any payment until you are notified that your request is granted and informed of the charge for your request. If your request is for electronic records and your request is granted, the records will be provided to you in that format.

If your request is granted one of the following will happen:

1. If your request can be filled immediately, and the total duplication fee is under $25.00, staff will forward the requested records to you with a statement what you owe for the duplication fee. Or:

2. If the total duplication fee for your request is $25.00 or more (100 pages), you will be advised of the page count and duplication fee owed in advance of duplicating the records. Upon receipt of payment, staff will duplicate and mail the requested records. Or:

3. If it will take time to locate and/or duplicate the records you have requested, you will be given a date by which you will be told the page count and duplication fee for your request.
Regards,
Records Access Officer

From: T. McElwee

To whom it may concern:

Thank you for the acknowledgement.

Regarding the FOIL assigned # FL-CE-21/1016, I wish to state ahead of time that electronic delivery of documents is preferred, either by email attachment or CD-ROM. If documents are scanned or are in Microsoft Word (.doc or .docx) format, they are preferred in PDF format. However if documents reside in a database, spreadsheet (.xls or .xlsx format) or some columnar/tabular format (.csv or .tsv), I request export to .CSV/comma separated value file format.

I will be in touch.

-T. McElwee

From: New York State Education Department

T. McElwee
MuckRock News
DEPT MR 117497
411A Highland Ave
Somerville, MA 02144-2516
E-mail: requests@muckrock.com

Dear T. McElwee

This is in response to your Freedom of Information Law request FL-CE-21/1016 : FOIL(Media)-Storage, Destruction and Preservation of Records for State Education Department records regarding any of the following forms received by the New York State Archives from the Executive Chamber in the time period of November 6, 2018 until August 24, 2021:

* REC-1 ("State Archives Records Transfer List") forms;
* REC-2 ("Records Center Reference Request") forms;
* REC-10 ("Records Withdrawal Authorization") forms.

Additionally, all Records Disposition Notifications sent by State Records Center staff to the Executive Chamber in the time period of November 6, 2018 until August 24, 2021.

Finally, all records documenting destruction of records by the Executive Chamber for destruction of records under the State Wastepaper Recycling Contract in the time period of November 6, 2018 until August 24, 2021. This may include documentation of the contractor's pickups from the Executive Chamber or documentation of deliveries to the State Records Center from the Executive Chamber specified for destruction.

Your request was received on August 11, 2021

After a thorough search, we located four documents responsive to your request. Please find these documents attached.

If you wish to appeal this response, you may do so within 30 days by emailing FOILappeal@nysed.gov<mailto:FOILappeal@nysed.gov> or writing to:

Betty A. Rosa
Commissioner of Education
NYS Education Department
Room 111, Education Building
89 Washington Avenue
Albany, NY 12234

Confidentiality Notice

This email including all attachments is confidential and intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

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