Automated License Plate Readers (Schenectady City Police Department)

Jordan Lassiter filed this request with the Schenectady City Police Department of Schenectady, NY.

It is a clone of this request.

Tracking #

W010646-050923

Multi Request Automated License Plate Readers
Due March 15, 2022
Est. Completion None
Status
Awaiting Response

Communications

From: Jordan Lassiter

To Whom It May Concern:

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

log/database of all automated license plate readers (ALPR) reads from January 1st 2007 to the day this request is processed. Please include whether the read resulted in a hit/alarm, whether the hit/alarm was accepted, which hotlist(s) the hit/alarm corresponded to, whether the hit/alarm resulted in a vehicle stop, and whether the stop resulted in a citation, arrest or other action.

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

From: Jordan Lassiter

To Whom It May Concern:

This is a complaint under the New York Freedom of Information Law ("FOIL"), Article 6 of the Public Officers Law, regarding the agency's failure to respond to my FOIL request dated 03/09/2022
. Pursuant to the FOIL, I requested access to a log/database of all automated license plate readers (ALPR) reads from January 1st 2007 to the day this request is processed. Please include whether the read resulted in a hit/alarm, whether the hit/alarm was accepted, which hotlist(s) the hit/alarm corresponded to, whether the hit/alarm resulted in a vehicle stop, and whether the stop resulted in a citation, arrest or other action.

As of the date of this complaint, I have not received any response or acknowledgment of my request. The statutory deadline for the agency to respond to my request has long since passed, and I have not been provided with any explanation for the delay.

The failure of the agency to respond to my FOIL request is a clear violation of the FOIL and my rights under the law. The New York courts have repeatedly held that "the FOIL is to be liberally construed, and its exemptions narrowly interpreted so that the public is granted maximum access to the records of government." See Matter of New York Times Co. v. City of New York Fire Department, 4 N.Y.3d 477, 488 (2005).

Furthermore, the New York Court of Appeals has stated that "[t]he agency has the burden of proving that the requested information falls squarely within a FOIL exemption." See Matter of Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 462 (2007).

Given the agency's failure to respond to my FOIL request, I am left with no choice but to file this complaint seeking an order from the court to compel the agency to produce the requested records. I respectfully request that this Honorable Court order the agency to produce the requested records and to provide me with any and all other relief as may be appropriate under the FOIL.

Please be advised that I am willing to discuss a resolution of this matter prior to the filing of any court action. However, if I do not receive a response to this complaint within a reasonable time, I will be forced to seek relief from the court.

Respectfully submitted,

Jordan

Enclosures:

A copy of my original FOIL request

From: Schenectady City Police Department

Good morning,
The Schenectady City Police Department does not have a FOIL Office. The records access officer for the City is based in the Office of the Corporation Counsel. I have copied her on this email. As such, we will process the request below as a new FOIL request. Thank you.
Sincerely,
Andrew

Andrew Koldin, Esq.
Corporation Counsel
City of Schenectady - Law Department
City Hall - Room 201
105 Jay Street
Schenectady, NY 12305
518-382-5073 ext. 5434
AKoldin@schenectadyny.gov<mailto:AKoldin@schenectadyny.gov>
[Description: Description: SchenectadyLogohighres]

From: Schenectady City Police Department

Jordan
Dept MR 125970
Boston, MA 02115
RE: Public Records Request for Police records
Dear Jordan,
I am in receipt of your Freedom of Information Law request, dated 5/9/2023.  Your request is being reviewed and could take up to 20 business days to be completed.
Under NYS Law, you may be charged $.25 per page for photocopying (if applicable), or other fees allowed under the Public Officers Law.  See below fee schedule:
$0.25 PER PAGE
$10.00 PER CD, DVD USB
PLEASE NOTE: Pursuant to POL Art 6 § 87(1)(c): In determining the actual cost of reproducing a record, an agency may include:
i.an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare a copy of the requested record;
ii.  the actual cost of the storage devices or media provided to the person making the request in complying with such request;
iii.  the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency’s information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy; and
iv.  preparing a copy shall not include search time or administrative costs, and no fee shall be charged unless at least two hours of agency employee’s time is needed to prepare a copy of the record requested. A person requesting a record shall be informed of the estimated cost of preparing a copy of the record if more than two hours of an agency employee’s time is needed, or if an outside professional service would be retained to prepare a copy of the record.

Respectfully yours,
Maryanne McCutcheon
Information Access Officer

Track the issue status and respond at: https://SCHENECTADYNY.mycusthelp.com/webapp//_rs/RequestEdit.aspx?rid=10646 (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFu7ngff6zPV3HxDVw5REEcnk4ILuOVSHqyKWEuflInlFI1DF7L867zrnyA52DDUUPCy6z9t2vhidHZQIhRfs8NIj0x0zw1to0kjzCtZG0nFSzCIg_PQlqVNR5GMYARz3EFpOnEg4YTNVjDw4jB4D3hoKXIKhKrwxngMFWY0Hy-2Ba67UwCN0xhWIspU3bdarEy3BXQOR-2FMwEP9cO3x1A7bhnXfP7MiQSzdC-2BH6Mtl-2BJjCqUXl3DkptIkFjp7yUw1s4D7YRDcgFR4s1QNDI9uA2ZqqZLKWBiND-2BYUfGXJrQUdC2Hi9Mgx7kqlaN-2FmC8Kc74lEiV3NyZOvC5dCzkfOT-2F2oZONzAPJhHxlV9s0LFfg-2BpcZrHy4zbXN67LrwigAkxj1P-2FkSE0Zsd1rZ8B-2FOwSBu0N0xcnOOMhCF-2FWeojzUTm6XM1iJPLws9J0Ix7TMA2G-2BW0-2FZT8JpPC2GoV3idVEoFsxMm0noCZ9gc2MZe6O6p8HL314fCy8kgV-2BQkuzp3ATDRRJYN4w-3D-3D)

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