Water Quality Complaints in Albany, Schenectady, and Troy MSA (Rensselaer County Department Of Health)

To Whom It May Concern:

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

I am requesting access to and copies of records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present.

Specifically, I am seeking the following information:

1) The total number of water quality complaints received by your agency/authority/utility, broken down by year.

2) A detailed summary of each water quality complaint, including:
2a. The date of the complaint
2b. The location (address or nearest cross streets) of the complaint
2c. The nature of the complaint (e.g., odor, taste, discoloration, contamination concerns)
2d. Any actions taken by your agency/authority/utility to address the complaint
2e. The resolution or current status of the complaint

3) Any reports, memos, or other documentation related to water quality complaints, investigations, and resolutions within the specified area and timeframe.

If any of this information is available in electronic format, I kindly request that you provide it via email. If physical copies are necessary, please inform me of any copying or postage fees in advance, and I will make arrangements for payment.

If any portion of this request is denied, please provide a detailed explanation for the denial and inform me of any appeal procedures available under New York State law.

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,

Jackson Parker

Subject: Appeal for FOIL Request #2023-084

Dear FOIL Appeals Officer,

I am writing to appeal the denial of access regarding my Freedom of Information Law (FOIL) request #2023-084, originally submitted on March 15, 2023, and subsequently followed up on multiple occasions.

My original request sought access to and copies of records related to water quality complaints and issues within the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA) for the period from January 1, 2018, to the present. Despite multiple follow-ups and assurances from your office that the request is being worked on, I have yet to receive the requested documents or a definitive response to my request.

Under the New York Freedom of Information Law, §89(4)(a), an agency has five business days to respond to a request for records. If more time is needed, the agency must provide a reason for the delay and a date by which the records will be available, which should be within a reasonable period, considering the circumstances of the request. To date, I have not received such a date or a valid reason for the delay.

I believe that the denial of access to these records is unwarranted as they pertain to matters of public interest and should be readily available for review. Therefore, I kindly request that you consider this appeal and instruct the Rensselaer County Department of Health to expedite the processing of my request.

Thank you for your attention to this matter. I look forward to your prompt response as required by New York Freedom of Information Law, within ten business days of receipt of this appeal.

I am writing to urgently resubmit my appeal for the Freedom of Information Law (FOIL) request originally submitted on 3/5/2013 regarding water quality complaints in the Albany, Schenectady, and Troy Metropolitan Statistical Area (MSA).

#### Critical Public Interest and Ongoing Harm to Human Health

This request is of immense public interest and urgency, as it pertains to ongoing and potential harm to human health and public safety. The delays in fulfilling this request exacerbate existing health risks to the community. The continuance of such delays may be seen in various legal contexts as escalating the issue and could be construed as a failure to act in the public's best interest.

#### Legal Obligations and Violations Observed

1. **Failure to Acknowledge Appeal**: FOIL mandates that agencies acknowledge receipt of an appeal within ten business days. This has not been done.
2. **Failure to Complete Original Request**: The original request has not been fulfilled within the time frame specified by FOIL.
3. **Lack of Transparency**: The Legislature declared that "government is the public’s business and that the public should have unimpaired access to the records of government."

#### Relevant Case Law and Advisory Opinions

1. **S-P Drug Co. v. Smith, 96 Misc. 2d 305**: This case emphasizes that the public should have unimpaired access to government records.
2. **In re the Estate of Schwartz, 130 Misc. 2d 786**: This case highlights that the purpose of FOIL is to maximize accessibility of government documents to ensure accountability.

Given the public health implications of this information, I kindly request that you expedite this resubmitted FOIL appeal and proceed with the necessary actions to fulfill it as a matter of utmost urgency.

Thank you for your immediate attention to this critical matter.

Re: FOIL Request for Water Quality Complaints in Albany, Schenectady, and Troy MSA

Dear Mr. Kempf,

I am writing to express my appreciation for your attention to the appeal regarding my FOIL request for water quality complaints in the Albany, Schenectady, and Troy MSA. Your commitment to ensuring transparency and adherence to the Public Officers Law is commendable.

As we proceed, I kindly request an expected timeline for receiving all responsive documents related to my request. Given the significance of water quality and its direct impact on public health, I believe it is crucial for the community to have timely access to this information.

Considering the existing delays and the time elapsed beyond the guidelines permitted under FOIL, I respectfully request a rolling release of the documents as they become available. This approach would ensure that the public receives pertinent information promptly, especially in light of the health and safety implications of water quality.

Moreover, I urge you to consider expedited processing of the documents due to the urgent nature of the information. Access to accurate and timely water quality data is essential for the well-being of our community, and any delay in its release could have significant repercussions.

Once again, thank you for your dedication to this matter and for upholding the principles of transparency and accountability. I look forward to your prompt response and the timely release of the requested documents.