Subject matter listing (New York City Human Resources Administration / Department of Social Services)

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

Is there a particular program area you are interested in? If so, I can download that listing and e-mail it to you directly. If you are seeking the actual complete subject matter listing, it is not maintained in an electronic format and I would need to charge a copy fee. Thanks.
-Paul

OK. I will review the listing and e-mail you the page count and fee. Thanks.

Dear Mr. Lesser:

I write in further response to your FOIL requests dated December 19, 2014 which were received by this office on December 29, 2014, seeking a copy of the current subject matter of all records in possession of the agency, a log of FOIL requests, and a listing of every officer and/or employee of the agency.

Please be advised that materials responsive to your request are now available. A FOIL request log for 2014, with statuses updated as of February 18, 2015, and a listing of all HRA staff as of January 9, 2015 are attached.

Regarding current subject matter of all records in possession of the agency, an old subject matter list is now available. The list is still in the process of being updated, and we now expect an updated list to be available April 1, 2015.

However, for the old subject matter list there is a charge of $72.75, based on a photocopying fee of twenty-five cents (0.25¢) per page x 291 pages. Please make your check or money order payable to the NYC Department of Social Services and mail it to the New York City Human Resources Administration, Office of Legal Affairs, Freedom of Information Law Officer, 180 Water Street, New York, NY 10038, Room 1701. Upon receipt of payment your materials will be promptly mailed along with a receipt for your remittance.

Also, regarding FOIL request logs for 2012 and 2013, please be advised that while such records are maintained, they are currently in a non-final form, with considerable amounts of confidential information and other non-final information and errors requiring correction. We now expect to have such logs available on or before March 18, 2015.

My apologies for the delays. Please feel free to call or e-mail me or Paul with any questions.

Sincerely,

Avraham Schmeidler
FOIL Assistant
NYC Human Resources Administration
Office of Legal Affairs
180 Water Street, 17th Floor
New York, New York 10038
929-221-6543

Dear Mr. Lesser:

In reply to your below e-mail, seeking the old subject matter list in electronic format, please be advised that it is not maintained in an electronic format (as mentioned in Paul Ligresti’s second January 6, 2015 e-mail below).

However, if there is a particular area you are interested in, updated information can be generated from the intranet, and provided electronically, although such updated information is not currently in the form of a single list.

Sincerely,

Avraham Schmeidler
FOIL Assistant
NYC Human Resources Administration
Office of Legal Affairs
180 Water Street, 17th Floor
New York, New York 10038
929-221-6543

A copy of documents responsive to the request.

A cover letter granting the request and outlining any exempted materials, if any.

Dear Mr. Lesser:

I write in furtherance of the below e-mail chain regarding your FOIL requests dated December 19, 2014 seeking a copy of the current subject matter of all records in possession of the agency, and logs of FOIL requests.

Regarding current subject matter of all records in possession of the agency, the list is still in the process of being updated despite delays caused largely by other pressing assignments, including work relating to the move from 180 Water Street to 4 WTC, and we now expect an updated list to be available May 1, 2015.

Regarding the FOIL request logs for 2012 and 2013, please be advised that such records are still in a non-final form as detailed in my February 19, 2015 e-mail below. Despite delays caused by other pressing assignments, we now expect to have such logs available on or before May 1, 2015 also.

My apologies for the delays. Please feel free to call or e-mail me or Paul with any questions.

Sincerely,

Avraham Schmeidler
FOIL Assistant
NYC Human Resources Administration
Office of Legal Affairs
150 Greenwich Street, 38th Floor
New York, New York 10007
929-221-6543

Dear Mr. Lesser:

Attached please find a copy of the HRA Record Retention Schedule. As this retention schedule lists the various types of records maintained by the Agency, as well as how long such records are maintained, it can (and does) function as a subject matter list for purposes of FOIL. It is up-to-date as of January, 2012 (see the last eight pages) and is the most recent such list available.

I hope you find this information helpful. Please feel free to call or email with any questions.

Sincerely,

Avraham Schmeidler
FOIL Assistant
NYC Human Resources Administration
Office of Legal Affairs
150 Greenwich Street, 38th Floor
New York, New York 10007
929-221-6543