FOIL rules and regulations (New York City Human Resources Administration, Department of Social Services)
| Submitted | Dec. 16, 2014 |
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Communications
From: Benjamin Lesser
To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:
A copy of the rules, regulations and policies for access to agency records under the Freedom of Information Law.
According to New York PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(b):
"Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the committee on open government in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to:
i. the times and places such records are available;
ii. the persons from whom such records may be obtained; and
iii. the fees for copies of records."
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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,
Benjamin Lesser
From: Ligresti, Paul
Dear Mr. Lesser:
I write in response to you four FOIL requests dated December 19, 2014 which were received by my office on December 29, 2014 seeking:
1. A copy of the current subject matter, of all records in possession of the agency;
2. A copy of the rules, regulations and policies for access to agency records under the Freedom of Information Law;
3. A log of all requests for agency records under the Freedom of Information Law received over the last three years, or as far back as such records are maintained;
4. A listing of every officer and/or employee of the agency, including name, office address, title and salary.
Please be advised that with regard to your 1st request, Public Officers Law 87(3)(c) requires that the agency: "maintain.....a reasonably detailed current list by subject matter of all records in the possession of the agency..." The "subject matter list" does not consist of an index or list of every record maintained by an agency; rather, it must consist of a categorization of the kinds of records maintained by an agency. The "subject matter list" maintained by the agency is in the process of being updated. However, we currently have listings which are above and beyond the minimum requirements of FOIL in that our intranet contains up-to-date listings in its content services repository of all of the agency programs, Policy Bulletins, Policy Directives, Center Director Memorandums, Informational, Executive Orders, forms, notices, statistical reports, etc. all organized by area. Such information, including the available subject matter list can be made available if you are interested.
With regard to your 2nd inquiry, please be advised that HRA complies with the with the rules, regulations and guidelines dictated by the New York State Freedom of Information Law (NY State Public Officers Law Sections 87-89). Furthermore, the official agency website [http://www.nyc.gov/html/hra/html/contact/contact.shtml], includes the following references to the Freedom of information Law:
The Freedom of Information Law (FOIL)
The Freedom of Information Law is New York State's principal statute on providing for public access to the records of government.
The Human Resources Administration complies fully with the New York State Freedom of Information Law (FOIL), which was enacted to assure public accountability of state agencies while protecting individuals against unwarranted invasions of personal privacy. Records are made available through the Agency's Records Access Officer. The Agency's Records Access Officer is responsible for ensuring the appropriate agency response to public requests for access to records.
Persons seeking access to records maintained by the Human Resources Administration pursuant to the FOIL are advised to contact:
Records Access Officer
Office of Legal Affairs
Human Resources Administration
180 Water Street, 17th Floor
New York, NY 10038
In addition, I am attaching a copy of HRA's procedure for governing public access to records and documents as well as two HRA program guidelines concerning FOIL compliance.
With regard to your remaining two requests, please be advised that we are currently in the process of determining the availability and/or releasability of the documents you requested. We expect that we will be able to respond to your request on or about January 30, 2015.
If you have any questions, please feel free to call me at (929) 221-6556. Thank you.
Sincerely,
Paul Ligresti
Associate General Counsel
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