|Submitted||Dec. 12, 2014|
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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 MuckRock.com, 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.
A copy of documents responsive to the request.
Mr. Capuano -
Thank you for sending the FOIL request form and for indicating via your letter dated December 16, 2014 the process for submitting FOIL requests to the Rochester Police Department and Mayor's Office. Please provide a copy of the FOIL policies/procedures promulgated by the city, as requested.
These are two requests asking for FOIL policies and procedures, etc. I spoke to Joe about this and he said we really just follow the NYS FOIA law.
The requestor asked for:
copy of rules, regulations and policies for access to agency records under the Freedom of Information Law (to include when and where can requests be made and charges)
And we replied:
Our agency adheres to the New York State Public Officers Law, Article 6, Sections 84-90 Freedom of Information Law in our daily processing of records requests.
Public records maintained by the City of Rochester may be requested in person, by mail or fax, or by email from the Records Access Officer located at City Hall, 30 Church Street, Room 202A, Rochester NY 14614; 585-428-7135. The office is open from 9 AM to 5 PM. Any records returned in response to a records access request will incur a fee of $0.25 per page, $1.00 per disc and/or $6.25 per map. On occasion a response that falls outside of the normal and routine request will incur a non-standard fee that reflects the costs of reproducing such records. Enclosed is a form we provide for public use.
Please note that the City of Rochester Records Access Officer provides this service for both the Office of the Mayor and the Rochester Police Department; therefore, your separate requests for this information were combined here.
It is unclear whether the below was intended to be sent in response. Please advise whether the Rochester Police Department and Office of the Mayor has rules, regulations or procedures to provide in response to this request.
Dear Sir or Madam:
I apologize for the confusion; the response you received was intended for Ted Capuano, our Director and Records Access Officer.
To answer your question, we do not keep a separate set of rules and regulations from those of the state of New York. We simply keep a copy of the New York State law as stated below and refer to it as needed. You may review this law at the New York State Public Officers Law website.
Bureau of Communications
30 Church Street, Room 202A
Rochester, NY 14614
585-428-6171 or 585-428-7135