FOIL rules and regulations (Port Chester-Rye Union Free School District)

Benjamin Lesser filed this request with the Port Chester-Rye Union Free School District of Port Chester, NY.


From: Benjamin Lesser

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 rules, regulations and policies for access to agency records under the Freedom of Information Law.

According to New York PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(b):

"Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the committee on open government in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to:

i. the times and places such records are available;
ii. the persons from whom such records may be obtained; and
iii. the fees for copies of records."

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, 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.


Benjamin Lesser

From: Yvette Segal

I am in receipt of your FOIL request. I will respond in the next 5 business days.


To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 12, 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: Yvette Segal

We are in receipt of your FOIL request. Please see Policy #1120 below:


It is the policy [] of [] the Board [] of [] Education to inform members [] of [] the public about the administration and operation [] of [] the public schools in accordance with the [] Freedom [] [] of [] [] Information [] [] Law [] [] of [] the State [] of [] New York.

The Superintendent [] of [] Schools shall develop regulations ensuring compliance with the [] Freedom [] [] of [] [] Information [] [] Law [] and setting forth the procedures to be followed to obtain access to district records, and submit such regulations to the Board for approval. The Superintendent shall designate, with Board approval, a Records Access and Records Management Officer, pursuant to [] law [] .

Retention and Destruction of Records

The Board hereby adopts the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law@@, which contains the legal minimum retention periods for district records. In accordance with Article 57-A@@, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

The manner of destruction will be determined by the format of the record (i.e., paper, digital, etc.). In addition, destruction will be appropriately documented.


The Superintendent will establish procedures in the event that the school district is served with legal papers. The Superintendent will communicate with applicable parties, including the school attorney and the records management official, to ensure that, when appropriate, a litigation-hold is properly implemented. The litigation-hold is intended to prevent the destruction or disposal of records that may need to be produced as part of discovery. It is the intention of the Board of Education to comply with applicable rules and regulations regarding the production of necessary documents, data, files, etc. The Board directs the Superintendent to institute such procedures to implement this policy.

The Superintendent or his/her designee, with assistance from the Records Management Officer, shall be responsible for developing and disseminating department-specific retention schedules and guidance to staff, as necessary, to ensure adherence to this policy.


Public Officers [] Law [] §84<> et seq. ( [] Freedom [] [] of [] [] Information [] [] Law [] )

Education Law §2116<>

Arts and Cultural Affairs Law §57.11<>

Local Government Records Law, Article 57-A@@

Federal Rules of Civil Procedure, 16, 26

8 NYCRR Part 185 (Appendix I) – Records Retention and Disposition Schedule ED-1

Adoption: January 15, 2014

Thank you,
Yvette Segal
District Clerk

From: Benjamin Lesser


Thank you for sending the FOIL rules and regulations. The email sent last week appears to have formatting errors that make it nearly unreadable. Can you please resend?

Thank you.

From: Yvette Segal{239}&softpage=PL_frame<>