New York City Department of Health - Records Management Report

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:

Mayor de Blasio's recent directive to all city agencies and departments # 2015-3, dated November 24, 2015, mentions several new records and reports.

Section 6 (Disposition of Records) states: "Within 60 days of this directive, each agency shall submit a report on the status of records management to DORIS, including an evaluation of records disposal and plans for managing electronic records."

Please provide a copy of the New York City Department of Health's version of this report, along with any draft versions, and copies of all e-mails related to the production of this report.

Section 7 (Compliance) states: "The agency head is responsible for compliance with this Directive and shall report the designation of the Senior Agency Official, the Records Management Officer and Records Officer(s) to DORIS in an annual certification statement."

Please provide a copy of the New York City Department of Health's version of this certification statement, along with any draft versions, and copies of all e-mails related to this certification.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. Please be advised that this request is being filed electronically through the website MuckRock.com and all replies and records will be made immediately available to the general public.

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,

Brooke Schreier Ganz
Founder, Reclaim The Records
https://www.ReclaimTheRecords.org/

May 25, 2016

Chari Anhouse
NYC Department of Health & Mental Hygiene
General Counsel’s Office
42-09 28th Street, CN-31
Long Island City, NY 11101

RE: FOIL # 2016FR001125 Dated April 16, 2016

Dear Ms. Chari Anhouse:

Thank you for your response to our April 16, 2016 FOIL to the New York City Department of Health (DOH), which requested a copy of specific materials created pursuant to Mayor Bill DeBlasio’s November 24, 2015 Directive #2015-3. I am writing to inquire a bit further about the documents that may exist but are not being provided, versus documents that do not exist at all.

This request specifically sought materials created pursuant to the Directive’s mandate that "each agency shall submit a report on the status of records management to DORIS, including an evaluation of records disposal and plans for managing electronic records.” In response, DOH stated:

Please be advised that the documents submitted to the NYC Department of Records and Information Services pursuant to this section are inter-agency documents that do not include statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits, including but not limited to audits performed by the comptroller and the federal government. As such, they may be withheld pursuant to FOIL § 87(2)(g).

However, the materials sought include documents that would have been required by law to have been generated and constitute final agency policies. The Directive mandates agencies submit a certified statement to DORIS. (“The agency head is responsible for compliance with this Directive and shall report the designation of the Senior Agency Official, the Records Management Officer and Records Officer(s) to DORIS in an annual certification statement.”) We therefore request a certification that such documents do not exist.

To the extent that responsive records do exist, but DOH determines those records will not be provided, we request a full description of the materials responsive to the request, yet withheld. Additionally, if the request is too broad or does not reasonably describe the records, please contact me via email or telephone so that the request may be clarified.

Please do not hesitate to contact me to discuss this matter. Thank you for your consideration and continued public service.

Sincerely,

Brooke Schreier Ganz
Founder, Reclaim The Records
https://www.ReclaimTheRecords.org/