Request To Peekskill City Clerk - Government Emails

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

I am requesting copies of government emails sent and received by ldylewski@cityofpeekskill.com and WBowman@peekskillpolice.com for the period from January 1, 2023 to March 31, 2023.

Please provide the requested emails in a readable format, such as EML, PST or OST, and include any emails sent to, copied or blind-copied to any email address ending with @cityofpeekskill.com domain. Additionally, please include any external emails received by these individuals during this period.

In support of my request, I would like to cite several cases that uphold the principles of transparency and accountability that underpin the Freedom of Information Act. These cases include United States Department of Justice v. Reporters Committee for Freedom of the Press, Citizens for Responsibility and Ethics in Washington v. Department of Justice, and New York Times Co. v. United States. I respectfully request that you comply with the requirements of FOIA, as affirmed by these and other relevant cases, by providing me with the requested records in a timely and efficient manner.

As per New York State law, I request that you provide all responsive records, regardless of the format in which they are stored. Additionally, I request that the records be provided on a rolling basis, as they become available, rather than waiting until all records are assembled.

Finally, I would like to note that any attempt to withhold public information be appealed.

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,

Jordan

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

I am requesting copies of government emails sent and received by ldylewski@cityofpeekskill.com and WBowman@peekskillpolice.com for the period from January 1, 2023 to March 31, 2023.

Please provide the requested emails in a readable format, such as EML, PST or OST, and include any emails sent to, copied or blind-copied to any email address ending with @cityofpeekskill.com domain. Additionally, please include any external emails received by these individuals during this period.

In support of my request, I would like to cite several cases that uphold the principles of transparency and accountability that underpin the Freedom of Information Act. These cases include United States Department of Justice v. Reporters Committee for Freedom of the Press, Citizens for Responsibility and Ethics in Washington v. Department of Justice, and New York Times Co. v. United States. I respectfully request that you comply with the requirements of FOIA, as affirmed by these and other relevant cases, by providing me with the requested records in a timely and efficient manner.

As per New York State law, I request that you provide all responsive records, regardless of the format in which they are stored. Additionally, I request that the records be provided on a rolling basis, as they become available, rather than waiting until all records are assembled.

Finally, I would like to note that any attempt to withhold public information be appealed.

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,

Jordan

[Peekskill City Clerk]
[Peekskill City Hall]
840 Main Street
Peekskill, NY 10566

Subject: Follow-up Request for Freedom of Information Act Response

Dear [Peekskill City Clerk],

I am writing to follow up on my previous Freedom of Information Act (FOIA) request, which I submitted on [Date: 04/03/2023]. As of today's date, I have not received a response or acknowledgment from your office regarding my request. I am writing to inquire about the status of my FOIA request and to seek your prompt attention to this matter.

To recap, my initial request was made under the provisions of the New York Freedom of Information Law, seeking copies of government emails sent and received by ldylewski@cityofpeekskill.com and WBowman@peekskillpolice.com for the period from January 1, 2023, to March 31, 2023. I specifically requested the emails in a readable format, such as EML, PST, or OST, and included any emails sent to, copied, or blind-copied to any email address ending with the @cityofpeekskill.com domain. Additionally, I requested any external emails received by these individuals during the specified period.

In support of my request, I cited several cases that uphold the principles of transparency and accountability under the Freedom of Information Act, including United States Department of Justice v. Reporters Committee for Freedom of the Press, Citizens for Responsibility and Ethics in Washington v. Department of Justice, and New York Times Co. v. United States. These cases affirm the importance of timely and efficient disclosure of public records in accordance with FOIA requirements.

As per New York State law, I requested that all responsive records, regardless of format, be provided. Furthermore, I requested that the records be provided on a rolling basis as they become available, rather than waiting until all records are assembled.

I would like to reiterate my expectation that any attempt to withhold public information be appealed. It is crucial that the principles of transparency and accountability are upheld in accordance with the law.

Please note that the requested documents are intended for public access, and this request is not being made for commercial purposes. Should there be any fees associated with fulfilling this request, I kindly request that you inform me in advance of the total charges.

Given the statutory requirement of a response within 5 business days, I kindly ask for your immediate attention to my request. I appreciate your cooperation and anticipate receiving a timely response.

Thank you for your attention to this matter.

Sincerely,

Jordan Lassiter

Dear City Clerk of Peekskill,

I am writing to formally appeal the decision related to my Freedom of Information Law (FOIL) request, in which I requested copies of government emails sent and received by ldylewski@cityofpeekskill.com and WBowman@peekskillpolice.com during the period from January 1, 2023, to March 31, 2023.

Despite my request, it appears that my application was denied without clear legal reasons provided for the denial, as is required by FOIL. I respectfully request you provide the specific legal basis for the refusal or reconsider your decision.

There are numerous legal precedents affirming that government emails fall within the scope of FOIA and FOIL, thereby supporting the principles of transparency and accountability. Some of these cases include:

1. National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency (877 F. Supp. 2d 87, 2012) - The court confirmed that emails, including metadata, are subject to FOIA.
2. Matter of Livnat v. New York City Dept. of Education (2018 NY Slip Op 30446(U)) - The court upheld the broad nature of FOIL in regards to email communication.

These cases, in conjunction with United States Department of Justice v. Reporters Committee for Freedom of the Press, Citizens for Responsibility and Ethics in Washington v. Department of Justice, and New York Times Co. v. United States, underpin the Freedom of Information Act and affirm its principles.

I hereby formally appeal this decision and request that my initial application be reviewed once more. I kindly ask for the provision of all responsive records on a rolling basis, as they become available.

In accordance with §89(4)(a) of the New York Public Officers Law, I look forward to receiving a written explanation for the denial or the provision of the requested records within ten business days.

Thank you for your attention to this matter. I am hopeful that this appeal will be addressed promptly and in accordance with the spirit of public transparency and accountability upheld by FOIL.

Sincerely,

Jordan