FOIL Request: NYSED and AAARI/CUNY MOU and Related Communications in Relation to Senate Bill S1402 (CUNY — University Central Office)
| Multi Request | FOIL Request: NYSED and AAARI/CUNY MOU and Related Communications in Relation to Senate Bill S1402 |
| Submitted | June 5, 2023 |
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Communications
From: Jackson Parker
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Dear Records Access Officer,
I am writing to request records under the New York State Freedom of Information Law (FOIL), Article 6 of the Public Officers Law.
Specifically, I am seeking the following records:
1. A copy of the Memorandum of Understanding (MOU) bearing tracking number SED MOU: 018-015 between the New York State Education Department (NYSED) and the City University of New York - Asian American/Asian Research Institute (AAARI/CUNY). This MOU was signed by Joyce Moy, Executive Director of AAARI at CUNY, on August 2, 2018, and was countersigned by Elizabeth R. Berlin, Executive Deputy Commissioner of NYSED, on July 30, 2018.
2. A copy of the amended MOU (Amendment #1) to the aforementioned MOU. This amended MOU was signed by Joyce Moy on February 13, 2020, and by Phyllis D. Morris, CFO of NYSED, on January 31, 2020.
3. All communications, including but not limited to emails, letters, and memos, between the named signature parties (Joyce Moy, Elizabeth R. Berlin, and Phyllis D. Morris) related to the MOU and its amendment. Please note that email metadata, such as sender, recipient, date, and subject line, is considered responsive factual data and should be included in the disclosure, even if the content of the communications is exempt.
4. All cash receipts, invoices, and payments received or disbursed related to the funds specified in the MOU and its amendment, as well as any related to the work product or completion of the MOU but borne by CUNY.
5. All communications with third parties, subcontractors, or external entities to AAARI/CUNY related to the MOU and its amendment. This includes, but is not limited to, copies of any and all work product and interim work product viewed by outside parties, including NYSED, subcontractors, advisors, consultants, etc.
As per the advisory opinions FOIL-AO-19160, FOIL-AO-18321, and FOIL-AO-17725, even if the content of certain communications is exempt from disclosure under POL §87(2)(g), the factual information about the communication itself, such as the sender, recipient, date, and subject line, should still be disclosed. This metadata does not typically contain deliberative or advisory content, but rather factual information about the communication itself. Therefore, I request that this factual information be disclosed in response to my FOIL request, even if the content of the communications is exempt.
I would like to highlight the urgency of this request in light of the ongoing legislative discussions around Senate Bill S1402, which seeks to amend education law in relation to culturally responsive education and curriculum. The records requested are directly relevant to the public understanding of the state's efforts in this area, particularly the work of NYSED and AAARI/CUNY under the MOU and its amendment.
Moreover, I would like to remind you of the retention requirements under the New York State Archives' LGS-1 schedule. Records that are subject to a FOIL request must be retained until the request has been fully resolved, including any potential appeal process.
If any record has been denied in whole or in part, please justify all deletions by reference to specific exemptions of the law. I expect the request to be filled within 20 business days, as the statute requires.
Given the relevance of these records to ongoing legislative discussions and public interest, I kindly request that you expedite the processing of this request.
Thank you for your assistance with this matter.
NB: You can find reference to the MOU and Amendment Here https://cdn.muckrock.com/foia_files/2023/05/31/CUNY_MOU_VK1ACtp.pdf and Here https://cdn.muckrock.com/foia_files/2023/05/31/CUNY_MOU_Amended_4VCegX6.pdf respectively.
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,
Jackson Parker
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 7, 2023. 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: CUNY — University Central Office
Good Afternoon:
Attached, please find the City University of New York (CUNY) University Central Office’s acknowledgement of your Freedom of Information Law (FOIL) request. CUNY University Office needs additional information to search for “communications” that are responsive to request #3 and request #5 of your FOIL request.
For request #3, please provide a specific time period and search terms by COB June 28, 2023 or CUNY University Central Office will deny request #3 as overly broad.
For request #5, please provide a specific time period, search terms, and specific individuals from “AAARI/CUNY” by COB June 28, 2023 or CUNY University Central Office will deny request #5 as overly broad.
Thank you.
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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~WRD0002
From: CUNY — University Central Office
Good Afternoon:
Attached, please find the City University of New York (CUNY) University Central Office’s extension letter regarding your Freedom of Information Law (FOIL) request.
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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~WRD0000
From: Jackson Parker
Dear Records Access Officer,
I hope this message finds you well. I am writing in response to your letter dated June 14, 2023, acknowledging the receipt of my Freedom of Information Law (FOIL) request, and the subsequent extension letter dated July 13, 2023.
I understand that the City University of New York (CUNY) University Central Office is currently conducting a diligent search for the requested records. I appreciate your efforts in this regard and acknowledge the complexity of the task.
However, I am concerned about the potential for delays in the process. To mitigate this, I kindly request a rolling release of documents as they are found and reviewed. This would allow me to begin reviewing the information that is readily available while you continue your search for the remaining records.
In response to your request for more specific parameters for items #3 and #5, I propose the following:
For item #3, let's limit the time period to August 1, 2018, through February 29, 2021, which covers the signing of the original MOU and its amendment. The search terms could include the names of the signatories (Joyce Moy, Elizabeth R. Berlin, and Phyllis D. Morris), "MOU", "Amendment", "SED MOU: 018-015", and "NYSED".
For item #5, the same time period and search terms could apply. As for specific individuals from AAARI/CUNY, I would suggest starting with Joyce Moy, as she signed both the MOU and its amendment.
I kindly request that you acknowledge receipt of this response promptly and provide an updated timeline for when I can expect to receive the first batch of documents. I understand that these processes can take time, and I appreciate your commitment to ensuring a thorough review of the requested records.
Thank you for your attention to this matter. I look forward to your response.
From: Jackson Parker
I am writing to appeal the response to my Freedom of Information Law (FOIL) request (DEPT MR 147108) received from the Records Access Officer at the City University of New York (CUNY) University Central Office.
In the response dated June 14, 2023, the Records Access Officer requested additional information to search for "communications" that are responsive to request #3 and request #5 of my FOIL request. The officer asked for a specific time period, search terms, and specific individuals from "AAARI/CUNY" by COB June 28, 2023, or else CUNY University Central Office would deny requests #3 and #5 as overly broad.
I believe this response constitutes an arbitrary denial of access and a willful attempt to avoid responding to my request. The deadline of June 28, 2023, appears to be an attempt to limit the scope of my request without conducting a detailed search, which is contrary to the spirit of the Freedom of Information Law.
My original request, I believe, was reasonably described and in compliance with the FOIL. Furthermore, I have recently responded to the Records Access Officer's request for more specific parameters in a manner that is accommodating and within the bounds of reasonableness.
I am appealing this decision on the grounds that it is a violation of the Freedom of Information Law, specifically Public Officers Law, Article 6, which guarantees the public's right to access government records.
I kindly request that this appeal be reviewed promptly, and that the decision to impose an arbitrary deadline be reconsidered. I am also forwarding a copy of this appeal to the Committee on Open Government for their review.
Thank you for your attention to this matter. I look forward to your prompt response.
From: CUNY — University Central Office
Good Afternoon:
Please be advised that the City University of New York (CUNY) University Central Office deems the information you provided concerning item #3 and item #5 (time period, search terms, and individual) as a new Freedom of Information Law (FOIL) request because the response date of COB June 28th, 2023, has elapsed and was therefore, administratively closed. CUNY University Central Office will deem the information you provided with respect to item #3 and item #5 as a new FOIL request and will process it. CUNY University Central Office will formally acknowledge this new FOIL request in a separate email by tomorrow, July 20th, 2023.
Additionally, please be advised that CUNY University Central Office typically does not release responsive documents on a rolling basis. As previously stated on July 13th, 2023, CUNY University Central Office will respond to your request (item #1, item #2, item #4) by September 8, 2023.
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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~WRD0002
From: CUNY — University Central Office
Good Evening:
Attached, please find The City University of New York (CUNY) University Central Office’s acknowledgement of your Freedom of Information Law (FOIL) request.
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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From: CUNY — University Central Office
A letter stating that the request appeal has been rejected.
From: CUNY — University Central Office
Dear Jackson Parker,
Our sincere apologies. We are resending your FOIL Appeal decision because it was undeliverable.
Thank you
__________________
Office of the General Counsel and Senior Vice Chancellor for Legal Affairs
The City University of New York
OGC@CUNY.EDU
From: Jackson Parker
there was no attachment on your last response.
From: CUNY — University Central Office
Good day,
Please find attached your FOIL Appeal Decision.
Thank you
Office of the General Counsel and Senior Vice Chancellor for Legal Affairs
The City University of New York
OGC@CUNY.EDU
From: CUNY — University Central Office
Good Afternoon:
Attached, please find The City University of New York (CUNY) University Central Office’s extension letter regarding your Freedom of Information Law (FOIL) request.
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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image001
From: Jackson Parker
I am writing to summarize the current state of the FOIL request DEPT MR 147108, submitted on June 7, 2023, seeking records related to the MOU and amended MOU between NYSED and AAARI/CUNY, and other related communications.
Current State of the FOIL Requests:
1. Original Request (June 7, 2023): Submitted as per the details outlined above.
2. Acknowledgment and Request to Split (June 14, 2023): Agency acknowledged the request and asked for additional information for requests #3 and #5. The request to split was accepted, and additional information was provided.
3. Administrative Closure and New Request (July 13, 2023): Requests #3 and #5 were administratively closed, and a new FOIL request was treated for those categories.
4. Appeal (July 17, 2023): An appeal was filed, arguing against arbitrary denial of access.
5. Response to Appeal (August 7, 2023): Appeal was denied, and the response provided detailed reasoning.
6. Extension Letter (August 16, 2023): Extension until September 18, 2023, was notified.
Statutory Timelines:
- Response Deadline: The current response deadline is set for September 18, 2023.
- Appeal Timeline: The appeal was filed and responded to within the statutory timelines.
Requested Exemptions and Justifications:
- Exemption for Delay: Justification provided was the need for additional time to review records for applicable exemptions, legal privileges, and responsiveness.
Counterpoints to Exemptions:
- Exemption for Delay:
- Counterpoint: While we understand the need for a thorough review, the extension should be reasonable and in line with the public's right to timely access. The specific reasons for the delay should be clearly articulated, and continuous updates should be provided.
I kindly request that the agency adhere to the statutory timelines and provide a prompt and comprehensive response to the FOIL request. Should there be any further delays, exemptions, or denials, I request clear and detailed justifications in accordance with the Freedom of Information Law.
From: CUNY — University Central Office
Good Afternoon:
In response to your Freedom of Information Law (FOIL) request, please find The City University of New York (CUNY) University Central Office's letter (see attached) and links to the responsive documents below-
You can view and comment on "NYS Education Contract_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:8f23a5f1-9224-4d0b-bd2c-84311ff50833
You can view and comment on "NYSED MOU # 018-015 Amendment 1_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:78b5fa39-9a28-489f-9376-414554895a69
You can view and comment on "AAARI Invoice # 1001_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:b32c4541-6147-469b-97b2-df85393e1dd1
You can view and comment on "AAARI Invoice 1002.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:5a8601aa-e44e-4f0e-8fd8-f1af587b0f77
You can view and comment on "CNWPR 348 Payment Details_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:83f907f0-30d9-4ce4-974a-82c7779f76f1
You can view and comment on "CNWPR 549 Payment Details_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:95584dd7-9dfa-4c4a-b523-2c976954548e
You can view and comment on "18-07-02 Payment Request - Columbia_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:ce282830-99be-4c68-8d47-922733ad857b
You can view and comment on "18-12-21 Payment Request - Columbia (Combined)_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:7f76d282-81a8-405f-9d85-476b1f47de37
You can view and comment on "18-12-21 Payment Request - Joyce Moy_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:722ad6fd-9451-46e9-865b-c0b993d54ed6
You can view and comment on "19-01-15 Payment Request - Joyce Moy (Combined)_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:3765f846-983b-4de5-9185-c1bdbfc6aadf
You can view and comment on "19-06-18 Payment Request - Joyce Moy_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:dbf0cb95-63b6-40b8-b6d8-f9f5be9b7020
You can view and comment on "19-06-21 Payment Request - Brian Gurski_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:d2f403b2-9fab-4bdc-abf4-d5c732b1a7c7
You can view and comment on "19-08-27 Payment Request - Joyce Moy_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:f289d68f-1c28-4fff-b760-ffafea54e357
You can view and comment on "21-12-13 CUNY First Receipt - Columbia_Redacted.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:241c4985-570e-41ce-944a-f5c18bff8e2f
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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From: CUNY — University Central Office
Good Afternoon:
Attached, please find The City University of New York (CUNY) University Central Office’s final extension letter regarding your Freedom of Information Law (FOIL) request.
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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From: CUNY — University Central Office
A letter stating that the request appeal has been rejected. Postmark: September 13, 2023
From: CUNY — University Central Office
A letter stating that the request appeal has been rejected. Postmark: September 13, 2023
From: CUNY — University Central Office
Good Afternoon:
In response to your Freedom of Information Law (FOIL) request, please find The City University of New York (“CUNY”) University Central Office’s letter and responsive documents attached.
Sincerely,
Record Access Officer
City University of New York
205 East 42nd Street
New York, NY 10017
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image001
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