Records for other FOIL requests
| Tracking # |
#F22,727/Open Records # 2023-040-00555 FOIL-2023-040-00555 F22,727/Open Records # 2023-040-00555 F22,727 F22,726 FOIL-2023-040-00555 |
| Submitted | Nov. 9, 2023 |
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Communications
From: ALEXANDER RICCIO
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Copies of all materials furnished in response to the following FOIL requests:
FOIL-2020-040-00348
FOIL-2020-040-00252
For the following in-progress FOIL requests, I would like the text of the request itself (if not private/PII), and copies of the materials furnished when completed, or noticed if denied:
FOIL-2020-040-00382
FOIL-2020-040-00399
FOIL-2021-040-00019
FOIL-2021-040-00048
FOIL-2021-040-00078
FOIL-2021-040-00114
FOIL-2021-040-00172
FOIL-2021-040-00180
FOIL-2021-040-00259
FOIL-2021-040-00258
FOIL-2021-040-00260
FOIL-2021-040-00261
FOIL-2021-040-00262
FOIL-2021-040-00263
FOIL-2021-040-00269
FOIL-2021-040-00270
FOIL-2022-040-00040
FOIL-2022-040-00117
FOIL-2020-040-00289
FOIL-2020-040-00127
FOIL-2020-040-00124
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,
ALEXANDER RICCIO
From: Department of Education
Your request FOIL-2023-040-00555 has been successfully submitted to the Department of Education (DOE).
The details of your request are shown below.
Request Title: Records for other FOIL requests
Request Description: To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Copies of all materials furnished in response to the following FOIL requests:
FOIL-2020-040-00348
FOIL-2020-040-00252
For the following in-progress FOIL requests, I would like the text of the request itself (if not private/PII), and copies of the materials furnished when completed, or noticed if denied:
FOIL-2020-040-00382
FOIL-2020-040-00399
FOIL-2021-040-00019
FOIL-2021-040-00048
FOIL-2021-040-00078
FOIL-2021-040-00114
FOIL-2021-040-00172
FOIL-2021-040-00180
FOIL-2021-040-00259
FOIL-2021-040-00258
FOIL-2021-040-00260
FOIL-2021-040-00261
FOIL-2021-040-00262
FOIL-2021-040-00263
FOIL-2021-040-00269
FOIL-2021-040-00270
FOIL-2022-040-00040
FOIL-2022-040-00117
FOIL-2020-040-00289
FOIL-2020-040-00127
FOIL-2020-040-00124
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,
ALEXANDER RICCIO
Upload documents directly: https://www.muckrock.com/
Requester's Contact Information
Name:
Alexander Riccio
Title:
Not provided
Organization:
Not provided
Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
Not provided
State:
Not provided
Zip Code:
Not provided
You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-040-00555. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-040-00555)
From: ALEXANDER RICCIO
The Department of Education has failed to provide an estimated completion date for FOIL-2023-040-00555 as required in D-110 FREEDOM OF INFORMATION LAW (FOIL) PROCEDURES (VI)[A]. This constitutes a constructive denial and I am appealing on grounds as such.
In my experience with city agency FOIL, it is typical for an agency to quickly provide an estimated completion date, and it is very atypical for an agency to breach their own regulations regarding the timeliness of providing such an estimation.
This forebodes further actions of constructive denial should the agency not be directed by the appeals officer to produce responsive records.
From: Department of Education
I am in receipt of your email.
Attached, please find a courtesy copy of the letter that was sent to you at the email address provided in your FOIL request under reference number F22,726.
If you wish to continue with your appeal, please let me know.
Thank you,
Mila Schatzle (she/her)
Supervising Attorney
Records Access Unit
Office of the General Counsel
NYC Department of Education
212-374-0220 (office)/646-265-7168 (cell)
Mschatzle@schools.nyc.gov<mailto:Mschatzle@schools.nyc.gov>
From: ALEXANDER RICCIO
I would like to advise DOE that the communication declaring the December 19, 2023 completion date was sent to the wrong email address, and was thus not associated with this request.
From: Department of Education
Good morning,
Please see the attached appeal determination for FOIL request F22,727.
Thank you,
Mila Schatzle (she/her)
Supervising Attorney
Records Access Unit
Office of the General Counsel
NYC Department of Education
212-374-0220 (office)/646-265-7168 (cell)
Mschatzle@schools.nyc.gov<mailto:Mschatzle@schools.nyc.gov>
From: ALEXANDER RICCIO
The underlying point of the appeal was moot once the mixup was cleared.
The DOE should respond to each FOIL request handled by MuckRock at the unique email address associated with that request. I have never encountered a government agency doing anything else.
From: ALEXANDER RICCIO
Seeing as December 19, 2023 was confirmed by the deputy records access officer as the estimated completion date, I presume I should still expect to receive the documents by that date?
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Nov. 9, 2023. You had previously indicated that it would be completed on Dec. 19, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #F22,727.
Thanks for your help, and let me know if further clarification is needed.
From: ALEXANDER RICCIO
On December 19, the department of education sent an email regarding this request (#F22,727,FOIL-2023-040-00555) to requests@muckrock.com. That's incorrect. The correct email address is requests@muckrock.com. It appears that a responsive document was similarly shared to the wrong address.
I appreciate the production of a single responsive document. Though it is exceptionally confusing that it was delivered to the wrong address.
It is not clear to me why this continues, I have informed the department of education multiple times that MuckRock is designed to improve the FOIL experience for citizens and records access agencies in part by assigning unique email addresses to each filed request. Sending communications about requests to addresses other than the unique email address assigned to each request obfuscates and confuses the process greatly. Please fix this. I believe this to be an honest mistake, but if it continues I will start to question that assumption. I do not wish to argue or fight over this. It's just making things unnecessarily difficult for both of us.
In the December 19 communication, the agency first quoted the DOE regulations as such:
----
Pursuant to Section VI.C of New York City Department of Education (DOE) Chancellor’s Regulation D-110 (CR D-110), factors to be considered under CR D-110 in determining whether there exist circumstances necessitating more
time to respond to a request may include, but are not limited to:
“[1] the volume of a request, [2] the ease or difficulty in locating, retrieving or generating records, [3] the complexity of the request, [4] the need to review records to determine the extent to which they must be disclosed, [and 5] the number of requests received by the agency.”1
----
...and then addresses the number of requests in progress:
"With respect to factor 5, at the time you made
your request, many other FOIL requests were already pending, many of which involved multiple factors, or all the factors cited above. A response to your request is expected by January 22, 2024."
This is precisely what I am addressing.
The text of the law and the case law I have reviewed shows the agency has obvious authority to extend the time to respond to a request. This also has been shown in court to apply when agencies have numerous requests to handle.
However, it appears that the agency is acknowledging awareness of factors that might reasonably delay the fulfillment of the request by December 19, 2023.
At no point prior to the deadline was the estimated completion date updated.
Several times, I have dealt with city agencies repeating the delay of fulfillment in increments of 1-3 months for up to two years at a time. At no point did any of them provide an accurate estimation of the completion date.
I am convinced that records access officers are competent at their jobs and intelligent individuals, thus it strains my sense of credulity to accept that delays are so consistently unforseen and unforeseeable to the point where completion dates must routinely and normally be extended. It has further drained my sense of patience in dealing with agencies when the obvious happens.
I have no qualm with the individual records access officer about this issue. I believe they are merely stuck working with a system that undervalues FOIL, and places overworked employees in a difficult position.
That does nothing to detract from the absurdity of an agency that first understaffs the FOIL positions, initially promises completion dates that are short enough to beguile requesters (but are rarely met), and then claims a lack of foresight about the failure to meet self imposed completion dates. Surely Kafka might've mistaken it for an excerpt from his work should he be alive today!
The law requires that agencies provide: "a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part". Viewed through the isolated lens of each individual communication and interaction, it may very well appear reasonable to delay a given request by some arbitrary amount of time. Viewed in the larger picture, it is hard to conceive of the reasonableness of the situation. The majority of FOIL requests in the state are late enough to make a mockery of the intent of the freedom of information law. This is what I intend to fight when I refuse to accept extensions.
Given these facts, I am requesting solid and sincere confirmation that the January 22, 2024 completion date will be met.
If you cannot commit to that date with the information that is available between November 9, 2023 and now, I will appeal on the grounds of constructive denial.
If you commit to that date and miss it, I will appeal on the grounds of constructive denial.
From: Department of Education
Good Morning, Mr. Riccio,
Thank you for your email and calling this to our attention. The typographical error has been addressed and attached is a courtesy copy of the December 19 partial response from the Deputy Records Access Officer. I note that you quote the December 19 letter, so I am glad to know it was received by you at your other email address. Our apologies for the inadvertent error. In addition, the January 22, 2024 date referenced by the DRAO is the anticipated response date for the remainder of the request.
Stay safe and Happy Holidays, if you celebrate,
Kristen
Kristen Woychowski, Esq.
Assistant Deputy Counsel
Records Access Unit
Office of the General Counsel
New York City Department of Education
From: ALEXANDER RICCIO
Hi,
Thanks! Enjoy your holidays too.
Sincerely,
ALEXANDER RICCIO
From: Department of Education
Mr. Riccio-
Please see the attached concerning your FOIL request.
Thank you.
Natacha Beaufils
Records Access Unit
Office of the General Counsel
Department of Education
CONFIDENTIALITY NOTE: The information contained in this email message is privileged and confidential information intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this email in error, please immediately notify me by telephone, fax, or email and delete the message.
From: Department of Education
The Department of Education (DOE) has acknowledged your FOIL request FOIL-2023-040-00555. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-040-00555) You can expect a response on or about Friday, December 15, 2023.
Additional Information:
✔
Please visit FOIL-2023-040-00555 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-040-00555)
From: Department of Education
The Department of Education (DOE) has extended the time to respond to your FOIL request FOIL-2023-040-00555 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-040-00555) You can expect a response on or about Monday, January 22, 2024.
Additional Information:
RE: #F22,727/Open Records # 2023-040-00555
Partial response emailed to you on January 8, 2024.
Please visit FOIL-2023-040-00555 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-040-00555)
From: Department of Education
Mr. Riccio-
Please see the attached concerning your FOIL request.
Thank you.
Natacha Beaufils
Records Access Unit
Office of the General Counsel
Department of Education
CONFIDENTIALITY NOTE: The information contained in this email message is privileged and confidential information intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this email in error, please immediately notify me by telephone, fax, or email and delete the message.
From:
Kristen Woychowski at NYC DOE has invited you
to access and download the file F22727 Production-0001 on
Logikcull.
Logikcull - a Reveal Company ( https://app.logikcull.com/ )
File Access Invitation
Kristen Woychowski ( kwoychowski@schools.nyc.gov ) at NYC DOE
has invited you to access and download the file F22727
Production-0001
( https://app.logikcull.com/invitation/accept?invitation_token=8Qy2s5eFPJC2chCb7RY5 )
on Logikcull.
Access file
( https://app.logikcull.com/invitation/accept?invitation_token=8Qy2s5eFPJC2chCb7RY5 )
Access to this link will expire in 6 Days on 01/19/2024.
For more time, please email Kristen Woychowski (
kwoychowski@schools.nyc.gov ).
F22727 Production-0001
Documents
6
Pages
903
File size
281 MB
Kristen included the message:
Please use this link to access records responsive to
your FOIL request, F22,727. Thank you
The information
contained in this email may be confidential. If you have
questions or need help, or if you believe you have received this
email in error, please contact us at support@logikcull.com or
(844) 363-3347 ( tel:18443633347 ).
-
0010
From: Department of Education
A project, Sample Project, has been
successfully created by ALEXANDER RICCIO in Not Applicable.
Logikcull - a Reveal Company
( https://app.logikcull.com/ )
A project has been created
A project, Sample Project
( https://app.logikcull.com/projects/1228194186 ), has been
successfully created by ALEXANDER RICCIO in
Not Applicable
( https://app.logikcull.com/admin/accounts/494409730 ).
Go to this project
( https://app.logikcull.com/projects/1228194186 )
As an Account Admin you will have administrator
access by default.
The information
contained in this email may be confidential. If you have
questions or need help, or if you believe you have received this
email in error, please contact us at support@logikcull.com or
(844) 363-3347 ( tel:18443633347 ).
From: Department of Education
A project, Project - F22727 Production-0001,
has been successfully created by ALEXANDER RICCIO in Not
Applicable.
Logikcull - a Reveal Company
( https://app.logikcull.com/ )
A project has been created
A project, Project - F22727 Production-0001
( https://app.logikcull.com/projects/399558145 ), has been
successfully created by ALEXANDER RICCIO in
Not Applicable
( https://app.logikcull.com/admin/accounts/494409730 ).
Go to this project
( https://app.logikcull.com/projects/399558145 )
As an Account Admin you will have administrator
access by default.
The information
contained in this email may be confidential. If you have
questions or need help, or if you believe you have received this
email in error, please contact us at support@logikcull.com or
(844) 363-3347 ( tel:18443633347 ).
From: Department of Education
Upload Finished
Logikcull - a Reveal Company
( https://app.logikcull.com/ )
Upload Report
Upload:
F22727 Production-0001
( https://app.logikcull.com/projects/399558145/searches?s=65a4a8bbb261c6b0cbb8937d )
In project:
Project - F22727 Production-0001
In Account:
Not Applicable
Uploaded by:
ALEXANDER RICCIO
Uploaded on:
01/14/2024 10:38 PM EST
Custodian:
Instant Review
Search this Upload now
( https://app.logikcull.com/projects/399558145/searches?s=65a4a8bbb261c6b0cbb8937d )
F22727 Production-0001
Upload Stats
Original upload size
0 Bytes
Documents hosted
6
Pages
903
File size stored
845 MB
0
Duplicates Detected
That's 0% of this upload
27 seconds
Time it took for upload to be completed
Project - F22727 Production-0001
Overall Upload Stats
Documents Hosted
6
Pages
903
Users
1
File size stored
0.82
Project - F22727 Production-0001
Auto Tags
6
Docs OCRed
6
Zero byte files
6
Have no native
6
Mismatched extensions
6
From import
6
PII Detected
0
Embedded docs extracted
0
Duplicates
0
Embedded files
0
Docs not rendered
0
Has no text
0
Viruses detected
0
NIST docs
0
Ocr Failed
0
Docs password protected
0
Rendered text
0
Truncated text
0
From Box
0
Failed Extraction
0
Truncated Email Metadata
0
Box transfer failed
0
Was copied
0
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0
Last email
0
From Slack
0
Document split from a PDF
0
PDF split into several docs
0
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0
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0
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0
Has MS Office macros
0
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0
Has BCC
0
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0
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0
Potentially privileged
0
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0
From MS365
0
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0
Transcription Failed
0
Transcribed
0
Inclusive Email
0
Edited Metadata
0
Has Deep Text
0
PII Detection Skipped
0
PII Detection Failed
The information
contained in this email may be confidential. If you have
questions or need help, or if you believe you have received this
email in error, please contact us at support@logikcull.com or
(844) 363-3347 ( tel:18443633347 ).
From: Department of Education
PDF Download Complete
Logikcull - a Reveal Company
( https://app.logikcull.com/ )
New PDF Download 2024-01-15
In project:
Project - F22727 Production-0001
Created by:
ALEXANDER RICCIO
Created on:
01/14/2024 10:43 PM EST
Download the PDFs
( https://app.logikcull.com/projects/399558145/quick_pdf_downloads/68284/download )
Go to downloads section
( https://app.logikcull.com/projects/399558145/downloads )
4 minutes 28 seconds
Time it took for PDF Download to be completed
Included in this download
Original images
The information
contained in this email may be confidential. If you have
questions or need help, or if you believe you have received this
email in error, please contact us at support@logikcull.com or
(844) 363-3347 ( tel:18443633347 ).
From: Department of Education
Mr. Riccio-
Please see the attached concerning your FOIL request.
Thank you.
Natacha Beaufils
Records Access Unit
Office of the General Counsel
Department of Education
CONFIDENTIALITY NOTE: The information contained in this email message is privileged and confidential information intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this email in error, please immediately notify me by telephone, fax, or email and delete the message.
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