Freedom of Information Law Request: Communications between Joyce Moy and Named Parties (CUNY — Graduate Center)

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 all communications, including but not limited to emails, letters, and memos, between Joyce Moy, Executive Director of the Asian American/Asian Research Institute at the City University of New York and any or all of the following parties:

1. Elizabeth R. Berlin, Executive Deputy Commissioner of the New York State Education Department
2. Phyllis D. Morris, Chief Financial Officer of the New York State Education Department

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.

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.

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.

Thank you for your assistance with this matter.

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

Thank you for your acknowledgment of my Freedom of Information Law request regarding communications between Joyce Moy and certain parties at the New York State Education Department.

I understand that you will notify me within 20 working days from the date of your responsive email whether my request will be granted in whole or in part or denied. I look forward to receiving your response within the stated timeline.

As a reminder, under the New York Freedom of Information Law, the public has the right to access records unless the agency can justify their denial by reference to specific exemptions in the law. I trust that the CUNY Graduate Center will comply with these obligations.

Dear Ms. McBryan,

I am writing to formally appeal the denial of my Freedom of Information Law (FOIL) request dated June 6, 2023, in which I sought records of communications between Joyce Moy and certain parties at the New York State Education Department.

In your response dated July 31, 2023, you indicated that after a "diligent and exhaustive search," no responsive materials could be located. However, I would like to bring to your attention several documents that suggest the existence of relevant communications:

1. FOIL Request for Documents related to the Culturally Responsive-Sustaining Education Framework: This request reveals the involvement of the New York State Education Department in initiatives related to culturally responsive education. Given the scope and importance of such initiatives, it is plausible that communications would exist between key stakeholders, including Joyce Moy.**

2. Board of Regents Accepts Two Grants for Education Department Priorities: This document highlights the acceptance of grants for specific education priorities. The involvement of both the New York State Education Department and CUNY in these priorities suggests potential communications between the entities and their representatives.**

3. CUNY MOU Amended and CUNY MOU: Both Memorandums of Understanding indicate a formalized relationship and collaboration between CUNY and other entities. The nature of such agreements typically involves extensive communication between the involved parties, both before and after the signing of the MOUs.**

Given the evidence presented in these documents, it is reasonable to believe that communications exist that are responsive to my FOIL request. I urge you to consider the specific nature of the collaborations, agreements, and initiatives highlighted in these documents when conducting a renewed search for the requested records.

I kindly request that you review the decision and conduct a more comprehensive search for the requested records. As per the New York Freedom of Information Law, I trust that the CUNY Graduate Center will comply with its obligations to provide access to public records, barring specific and justified exemptions.

Thank you for your attention to this matter. I look forward to your prompt response.

**All documents can be found publicly available here: https://www.muckrock.com/foi/new-york-16/foil-request-for-documents-related-to-the-culturally-responsive-sustaining-education-framework-145279/