NYPD Patrol Guide
| Tracking # |
2014-PL-3305 |
| Submitted | April 15, 2014 |
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Communications
From: Shawn Musgrave
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 current New York City Police Department Patrol Guide.
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,
Shawn Musgrave
From: New York City Police Department
An acknowledgement letter, stating the request is being processed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 15, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: New York City Police Department
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 15, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-3305.
Thank you for your help.
From: Shawn Musgrave
Lt. Mantellino:
In response to the attached fee letter, I request that you amend your determination in light of the fact that the NYPD has the requested patrol in digital format, and as such cannot charge this exorbitant fee for physical duplication.
First, §87(5)(a) of FOIL states that “An agency shall provide records on the medium requested by a person, if the agency can reasonably make such copy or have such copy made by engaging an outside professional service. Records provided in a computer format shall not be encrypted.”
Second, §89(3)(b) states that “All entities shall, provided such entity has reasonable means available, accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail…to the extent practicable….”
Third, §89(3)(a) states in part that “When an agency has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, it shall be required to do so.”
Given that the NYPD holds the requested document in digital format and no review is necessary (since the entire document is available for sale in both print and as a digital smartphone application), I respectfully insist that the requested documents be released immediately without charge.
Best,
Shawn
From: New York City Police Department
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: New York City Police Department
A copy of documents responsive to the request.
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From: New York City Police Department
A copy of documents responsive to the request.
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Responsive Documents
From: Shawn Musgrave
Hello,
I would respectfully request a reply immediately by email, as is required under the New York FOIL, or I will have no choice but to file an appeal and thereafter consider litigation.
Respectfully,
Shawn Musgrave
From: MuckRock
<em>Editor's Note</em>: A payment was mailed on 6-17-14 for $15.00.
Files
pages
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