Flaco
| Tracking # |
FOIL-2023-846-00124 |
| Submitted | Feb. 23, 2023 |
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Communications
From: Jake Offenhartz
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails written, sent, or received by any employee of the New York City Parks Department between February 2, 2023 and the date this request is processed which contain any of the following non-case sensitive keywords in the body or header:
-Flaco
-Owl
-Central Park Zoo
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,
Jake Offenhartz
From: Department of Parks & Recreation
Your request FOIL-2023-846-00124 has been successfully submitted to the Department of Parks and Recreation (DPR).
The details of your request are shown below.
Request Title: Flaco
Request Description: To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Emails written, sent, or received by any employee of the New York City Parks Department between February 2, 2023 and the date this request is processed which contain any of the following non-case sensitive keywords in the body or header:
-Flaco
-Owl
-Central Park Zoo
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,
Jake Offenhartz
Upload documents directly: https://www.muckrock.com/
Requester's Contact Information
Name:
Jake Offenhartz
Title:
Not provided
Organization:
Not provided
Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
Not provided
State:
Not provided
Zip Code:
Not provided
You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-846-00124. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-846-00124)
From: Department of Parks & Recreation
Dear Jake Offenhartz:
I am contacting you from the NYC Department of Parks & Recreation. Please find attached a letter regarding FOIL Request #16102; your OpenRecords # FOIL-2023-846-00124.
Thank you,
Rupali Paranandi
(she/her)
Records Access Officer
T 212.360.1313
E rupali.paranandi@parks.nyc.gov<mailto:rupali.paranandi@parks.nyc.gov>
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nycgovparks.org%2F&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NAtN1xpHLbtKEoQmMo9espc5f4DJzxruL6KT60mXOss%3D&reserved=0>
Follow Parks on: Facebook<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Ffacebook.com%2Fnycparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=hpHsxT4ApAxZAfDCVxOCE3%2FES%2BH1%2FGLl%2BdxR%2Fr2a0WM%3D&reserved=0> | Twitter<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fnycparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=D5ejbhmFY7s%2BHQHSBax4BipuGLV5tE885NdaQ5kPu9U%3D&reserved=0> | foursquare<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffoursquare.com%2Fnycparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=5zTyiZ2suqlx2Tn%2B%2FlbJbDG9gUfvFTvDYaEF%2FpmbczM%3D&reserved=0> | Flickr<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.flickr.com%2Fgroups%2Fnewyorkcityparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=U1bycV7tERxvCLbYq4kcH%2FwgnDg5du1jmuG1GpeuPuo%3D&reserved=0> | YouTube<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.youtube.com%2Fuser%2FNYCParksDepartment&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=EinKEvfiFWs1LjpmWWYnvH6YAm5gPEPrCW9PgHj8E0Q%3D&reserved=0> | Broadcastr<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fbeta.broadcastr.com%2FEcho.html%3Fauthor%3DNYCParks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=1xoI8MQGHMLzKiavkBWubz%2BhCpOBxmgcjfgIRfhr%2F04%3D&reserved=0>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient(s), you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Department of Parks & Recreation
Mr. Offenhartz:
Thank you for contacting NYC Parks today. I received your message that you were following up regarding a FOIL request you submitted. Can you please email me with any questions you may have regarding your FOIL request(s)?
Thank you,
Rupali Paranandi
(she/her)
Records Access Officer
T 212.360.1313
E rupali.paranandi@parks.nyc.gov<mailto:rupali.paranandi@parks.nyc.gov>
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nycgovparks.org%2F&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NAtN1xpHLbtKEoQmMo9espc5f4DJzxruL6KT60mXOss%3D&reserved=0>
Follow Parks on: Facebook<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Ffacebook.com%2Fnycparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=hpHsxT4ApAxZAfDCVxOCE3%2FES%2BH1%2FGLl%2BdxR%2Fr2a0WM%3D&reserved=0> | Twitter<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Ftwitter.com%2Fnycparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=D5ejbhmFY7s%2BHQHSBax4BipuGLV5tE885NdaQ5kPu9U%3D&reserved=0> | foursquare<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffoursquare.com%2Fnycparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=5zTyiZ2suqlx2Tn%2B%2FlbJbDG9gUfvFTvDYaEF%2FpmbczM%3D&reserved=0> | Flickr<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.flickr.com%2Fgroups%2Fnewyorkcityparks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=U1bycV7tERxvCLbYq4kcH%2FwgnDg5du1jmuG1GpeuPuo%3D&reserved=0> | YouTube<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.youtube.com%2Fuser%2FNYCParksDepartment&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=EinKEvfiFWs1LjpmWWYnvH6YAm5gPEPrCW9PgHj8E0Q%3D&reserved=0> | Broadcastr<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fbeta.broadcastr.com%2FEcho.html%3Fauthor%3DNYCParks&data=05%7C01%7CRupali.Paranandi%40parks.nyc.gov%7C7b0ead8d86764f45a1eb08da24893a1e%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637862469044728575%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=1xoI8MQGHMLzKiavkBWubz%2BhCpOBxmgcjfgIRfhr%2F04%3D&reserved=0>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient(s), you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Jake Offenhartz
Hi Rupali,
You can narrow my search to: communications using the keywords "Owl" or "Flaco" between Parks Department employees and employees of the Wildlife Conservation Society, including but not limited to: Max Pulsinelli (mpulsinelli@wcs.org); Mary Dixon (mdixon@wcs.org); Cristián Samper (csamper@wcs.org); Caleb McClennen (cmcclennen@wcs.org); and Jim Breheny (jbreheny@wcs.org).
I'm also interested in any communications using the keywords "Owl" or "Flaco" between the Parks Department and any members of the Central Park Conservancy, whose emails end in "centralparknyc.org". It is not necessary to upload these responses together -- whichever comes out first is fine.
Finally, the time period I'm looking for here is February 18th to the date the request is filed.
Thanks,
Jake
914 500 3940
From: Department of Parks & Recreation
Good morning,
This message is to update you on your Freedom of Information Law ("FOIL") request submitted to the New York City Department of Parks & Recreation ("Parks"). Parks is still examining our records to determine whether we possess the requested information and, if so, the extent to which it is available for disclosure under the Freedom of Information Law. Please be advised that due to the volume of FOIL requests our office processes, Parks needs additional time, approximately sixty (60) business days (approximately June 8, 2023) from the date of this message, to respond to your request.
Best Regards,
Mark
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov
Please note: My work days are Tuesday/Wednesday/Thursday
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks
Follow Parks on: Facebook | Twitter | foursquare | Instagram | YouTube
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Department of Parks & Recreation
Dear J. Offenhartz:
I am contacting you from the Office of the General Counsel of the NYC Department of Parks & Recreation. Please find attached a letter regarding your FOIL request.
Sincerely,
Mark
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov<mailto:Mark.McCormack@parks.nyc.gov>
Please note: My work days are Tuesday/Wednesday/Thursday
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<http://www.nycgovparks.org/> | Follow Parks on: Facebook<http://facebook.com/nycparks> | Twitter<http://twitter.com/nycparks> | Instagram<http://instagram.com/NYCParks> | LinkedIn<https://www.linkedin.com/company/nyc-department-of-parks-&-recreation/> | TikTok<https://www.tiktok.com/@nycparks>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Department of Parks & Recreation
Dear J. Offenhartz:
I am contacting you from the Office of the General Counsel of the NYC Department of Parks & Recreation. Please find attached a letter regarding your FOIL request.
Sincerely,
Mark
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov<mailto:Mark.McCormack@parks.nyc.gov>
Please note: My work days are Tuesday/Wednesday/Thursday
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<http://www.nycgovparks.org/> | Follow Parks on: Facebook<http://facebook.com/nycparks> | Twitter<http://twitter.com/nycparks> | Instagram<http://instagram.com/NYCParks> | LinkedIn<https://www.linkedin.com/company/nyc-department-of-parks-&-recreation/>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Department of Parks & Recreation
Dear J. Offenhartz:
I am contacting you from the Office of the General Counsel of the NYC Department of Parks & Recreation. Please find attached a letter regarding your FOIL request.
Sincerely,
Mark
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov<mailto:Mark.McCormack@parks.nyc.gov>
Please note: My work days are Tuesday/Wednesday/Thursday
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<http://www.nycgovparks.org/> | Follow Parks on: Facebook<http://facebook.com/nycparks> | Twitter<http://twitter.com/nycparks> | Instagram<http://instagram.com/NYCParks> | LinkedIn<https://www.linkedin.com/company/nyc-department-of-parks-&-recreation/>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov<mailto:Mark.McCormack@parks.nyc.gov>
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<http://www.nycgovparks.org/>
Follow Parks on: Facebook<http://facebook.com/nycparks> | Twitter<http://twitter.com/nycparks> | foursquare<https://foursquare.com/nycparks> | Instagram<http://instagram.com/NYCParks> | YouTube<http://www.youtube.com/user/NYCParksDepartment>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Department of Parks & Recreation
Dear Mr. Offenhartz:
I am contacting you from the NYC Department of Parks and Recreation. Please see attached for a letter about FOIL request #16102; your OpenRecords #: 2023-846-00124. Thank you.
Sincerely,
Rupali Paranandi (she/her)
Associate Counsel
E rupali.paranandi@parks.nyc.gov<mailto:rupali.paranandi@parks.nyc.gov>
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<http://www.nycgovparks.org/>
nyc.gov/parks<http://www.nycgovparks.org/> | Follow Parks on: Facebook<http://facebook.com/nycparks> | Twitter<http://twitter.com/nycparks> | Instagram<http://instagram.com/NYCParks> | LinkedIn<https://www.linkedin.com/company/nyc-department-of-parks-&-recreation/>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient(s), you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Department of Parks & Recreation
Dear J. Offenhartz:
I am contacting you from the Office of the General Counsel of the NYC Department of Parks & Recreation. Please find attached a letter regarding your FOIL request.
Sincerely,
Mark
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov<mailto:Mark.McCormack@parks.nyc.gov>
Please note: My work days are Tuesday/Wednesday/Thursday
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<http://www.nycgovparks.org/> | Follow Parks on: Facebook<http://facebook.com/nycparks> | Twitter<http://twitter.com/nycparks> | Instagram<http://instagram.com/NYCParks> | LinkedIn<https://www.linkedin.com/company/nyc-department-of-parks-&-recreation/>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Jake Offenhartz
Dear FOIL Appeals Officer,
I am writing in regard to Freedom of Information Law request sent to the Parks Department on February 23rd, 2023.
Please consider this a formal appeal under Public Officers Law 89(4)(A) of the constructive denial of that request. I say constructive denial because the New York City Parks Department has simply failed to respond in a timely manner to my request.
In a FOIL request I submitted on February 23rd, 2023, I asked for "Emails written, sent, or received by any employee of the New York City Parks Department between February 2, 2023 and the date this request is processed which contain any of the following non-case sensitive keywords in the body or header: Flaco; Owl; Central Park Zoo."
Despite being told by the records officer, Mark McCormack, that this request would be completed by August 24th, 2023, I have received neither the records sought nor a denial of the request.
The Parks Department's approach to my request is simply unlawful. It is inconsistent with both the language and intent of FOIL.
As the state’s Committee on Open Government, tasked with interpreting FOIL matters, has said, under FOIL, “an agency cannot engage in one delay after another.” FOIL AO-18008(Feb. 22, 2010). Yet, this is exactly how the Parks Department has responded to my request, repeatedly extending the timeline for its response, even after indicating that the request would be ready more than five months ago.
Pursuant to Public Officers Law 89(3)(a), as amended by the Legislature in 2005, an agency must within five business days of receipt of a written request for records make the record sought available, deny access and give reasons for the denial, or furnish an acknowledgement of receipt and state the approximate date when the request will be dealt with. The statute further specifies that the approximate date for addressing a request on its merits should not exceed 20 business days from the date of the acknowledgement of the receipt of the request. A failure by an agency to conform to this statutorily mandated time frame constitutes a constructive denial. See Public Officers Law 89(4)(a). The statute was written as such to ensure FOIL requestors are not, as here, subjected to endless delays by agencies that choose to open their files to the public (which was precisely why FOIL was passed in the first place).
Indeed, the Committee on Open Government makes clear that “in the rare situation in which it is found that more than 20 additional business days are needed [to address the merits of a request], the agency may do so, with an explanation of the reason for the delay and an indication of a “date certain,” a self-imposed deadline by which it will grant access to the records in whole or in part (see regulations of the Committee on Open Government, 21 NYCRR 1401.5). When the date certain is reasonable in consideration of attendant facts and circumstances, the agency would be complying with law. There is no provision that permits agencies to indicate extension after extension.” FOIL AO-18008 (emphasis added). See also FOIL-AO 16095 (Dec. 13, 2007) (noting that “the amendments [to FOIL] clearly are intended to prohibit agencies from unnecessarily delaying disclosure.”). A series of generic notifications over a period of months saying that a response is forthcoming does not meet this standard under FOIL.
Further, as recognized by the New York Court of Appeals, FOIL itself contains “the Legislature’s own unmistakably broad declaration that … it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible.” Westchester Newspapers, Inc. v Kimball, 50 NY2d 575,579 (1980) (emphasis added), quoting Section 84 of FOIL. Therefore, where, as here, records are clearly available to the public under FOIL, or are readily retrievable, there may be no basis for a delay in disclosures.
As I know of no grounds in FOIL for the denial of the request, and the Parks Department has given none, I ask that this appeal be granted and that the records sought be produced promptly.
Thank you for your consideration,
Jake Offenhartz
From: Department of Parks & Recreation
Good afternoon,
I am contacting you from the Office of the General Counsel of NYC Department of Parks & Recreation. Please find the attached response to your appeal.
Katharina Rollins
Records Access Officer
E Katharina.Rollins@parks.nyc.gov<mailto:Katharina.Rollins@parks.nyc.gov>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you
From: Department of Parks & Recreation
Dear J. Offenhartz:
I am contacting you from the Office of the General Counsel of the NYC Department of Parks & Recreation. Please find attached a letter and records responsive to your FOIL request.
Sincerely,
Mark
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov<mailto:Mark.McCormack@parks.nyc.gov>
Please note: My work days are Tuesday/Wednesday/Thursday
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks<http://www.nycgovparks.org/> | Follow us on Social Media<https://linktr.ee/nycparks>
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
From: Jake Offenhartz
Hi Mark,
I really appreciate you putting this together for me. Will there be additional documents? My request was for all communications up to the date the request is processed. These appear to end at February 28, 2023.
Thank you,
Jake
914 500 3940
From: Department of Parks & Recreation
Good morning Jake,
Your request was processed on March 2, 2023, and that is the end date of the email search that was conducted. If you would like a search to be performed for an additional timeframe, please submit a new request.
Thanks,
Mark
Mark McCormack, CPRP (he / him / his)
Risk Management and Legal Records Officer
Office of the General Counsel
T 212.360.8141
F 917.849.6754
E Mark.McCormack@parks.nyc.gov
Please note: My work days are Tuesday/Wednesday/Thursday
NYC Parks
The Arsenal, Central Park
830 Fifth Avenue, Room 313
New York, NY 10065
nyc.gov/parks | Follow us on Social Media
Confidentiality Notice: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and then delete it from your computer. Thank you.
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