Local level SAEC policies/data (Shandaken Town Police Department)

Vanessa Nason filed this request with the Shandaken Town Police Department of Shandaken, NY.

It is a clone of this request.

Est. Completion None
Status
No Responsive Documents

Communications

From: Vanessa Nason

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:

Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:

• all standard operating procedures regarding the SAEC process

• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies

• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed

• the number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000 through the date this request is processed

• the number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations

• any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregable data.

• all audits involving this agency regarding the collection or backlog of SAEC kits

• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits

If there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.

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,

Vanessa Nason

From:

To whomever this concerns:

I just received your FOIA request. (follow up)

As a small agency I am presently the only person working and emergency
calls will take precedent over searching for, compiling of the documents
you requested. In reference to SAEC kits and statistics of same.

See below 87-c of the NYSFOIL law; the hourly rate will be $19.49 per
hour, estimate of time needed to prepare, locate and scan the documents
into a .pdf file as per your request three hours, could be longer in
attempting to locate any information prior to the year 2007.

If you have any questions please do not hesitate. You may reach me
directly at 845-688-9748 or by email gneher@shandakenpolice.org.

Have a great day.

Respectfully,

George Neher

SECTIONS 84-90
FREEDOM OF INFORMATION LAW
Section 84. Legislative declaration
Section 85. Short title
Section 86. Definitions
Section 87. Access to agency records
Section 88. Access to state legislative records
Section 89. General provisions relating to access to records; certain
cases
Section 90. Severability
§84. Legislative declaration.
The legislature hereby finds that a free society is maintained when
government is responsive and responsible to the public, and when the
public is aware of governmental actions. The more open a government is
with its citizenry, the greater the understanding and participation of
the public in government.

As state and local government services increase and public problems
become more sophisticated and complex and therefore harder to solve, and
with the resultant increase in revenues and expenditures, it is
incumbent upon the state and its localities to extend public
accountability wherever and whenever feasible.

The people's right to know the process of governmental decision-making
and to review the documents and statistics leading to determinations is
basic to our society. Access to such information should not be thwarted
by shrouding it with the cloak of secrecy or confidentiality. The
legislature therefore declares that government is the public's business
and that the public, individually and collectively and represented by a
free press, should have access to the records of government in
accordance with the provisions of this article.

§85. Short title. This article shall be known and may be cited as the
"Freedom of Information Law."

§86. Definitions. As used in this article, unless the context requires
otherwise.

1. "Judiciary" means the courts of the state, including any municipal or
district court, whether or not of record.
2. "State legislature" means the legislature of the state of New York,
including any committee, subcommittee, joint committee, select
committee, or commission thereof.
3. "Agency" means any state or municipal department, board, bureau,
division, commission, committee, public authority, public corporation,
council, office or other governmental entity performing a governmental
or proprietary function for the state or any one or more municipalities
thereof, except the judiciary or the state legislature.
4. "Record" means any information kept, held, filed, produced or
reproduced by, with or for an agency or the state legislature, in any
physical form whatsoever including, but not limited to, reports,
statements, examinations, memoranda, opinions, folders, files, books,
manuals, pamphlets, forms, papers, designs, drawings, maps, photos,
letters, microfilms, computer tapes or discs, rules, regulations or
codes.
5. "Critical infrastructure" means systems, assets, places or things,
whether physical or virtual, so vital to the state that the disruption,
incapacitation or destruction of such systems, assets, places or things
could jeopardize the health, safety, welfare or security of the state,
its residents or its economy.

§87. Access to agency records.
1. (a) Within sixty days after the effective date of this article, the
governing body of each public corporation shall promulgate uniform rules
and regulations for all agencies in such public corporation 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 administration of this article.
(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 which shall not exceed twenty-five
cents per photocopy not in excess of nine inches by fourteen inches, or
the actual cost of reproducing any other record in accordance with the
provisions of paragraph (c) of this subdivision, except when a different
fee is otherwise prescribed by statute.

c. In determining the actual cost of reproducing a record, an agency may
include only:

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 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.

2. Each agency shall, in accordance with its published rules, make
available for public inspection and copying all records, except that
such agency may deny access to records or portions thereof that:

(a) are specifically exempted from disclosure by state or federal
statute;
(b) if disclosed would constitute an unwarranted invasion of personal
privacy under the provisions of subdivision two of section eighty-nine
of this article;
(c) if disclosed would impair present or imminent contract awards or
collective bargaining negotiations;
(d) are trade secrets or are submitted to an agency by a commercial
enterprise or derived from information obtained from a commercial
enterprise and which if disclosed would cause substantial injury to the
competitive position of the subject enterprise;
(e) are compiled for law enforcement purposes and which, if disclosed,
would:

i. interfere with law enforcement investigations or judicial
proceedings;
ii. deprive a person of a right to a fair trial or impartial
adjudication;
iii. identify a confidential source or disclose confidential information
relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except
routine techniques and procedures;

(f) if disclosed could endanger the life or safety of any person;
(g) are inter-agency or intra-agency materials which are not:

i. statistical or factual tabulations or data;
ii. instructions to staff that affect the public;
iii. final agency policy or determinations; or
iv. external audits, including but not limited to audits performed by
the comptroller and the federal government; or
(h) are examination questions or answers which are requested prior to
the final administration of such questions; (i) if disclosed, would
jeopardize the capacity of an agency or an entity that has shared
information with an agency to guarantee the security of its information
technology assets, such assets encompassing both electronic information
systems and infrastructures; or
(j) [Deemed repealed Dec. 1, 2019, pursuant to L.1988, c. 746, § 17.]
are photographs, microphotographs, videotape or other recorded images
prepared under authority of section eleven hundred eleven-a of the
vehicle and traffic law.
(k) [Expires and deemed repealed Dec. 1, 2019, pursuant to L.2009, c.
19, § 10; L.2009, c. 20, § 24; L.2009, c. 21, § 22; L.2009, c. 22, § 22;
L.2009, c. 23, § 9; L.2009, c. 383, § 24.] are photographs,
microphotographs, videotape or other recorded images prepared under
authority of section eleven hundred eleven-b of the vehicle and traffic
law.
(l) [Expires and deemed repealed Sept. 20, 2020, pursuant to L.2010, c.
59, pt. II, § 14.] are photographs, microphotographs, videotape or other
recorded images produced by a bus lane photo device prepared under
authority of section eleven hundred eleven-c of the vehicle and traffic
law.
(m) [Expires and deemed repealed Aug. 30, 2018, pursuant to L.2013, c.
189, § 15.] are photographs, microphotographs, videotape or other
recorded images prepared under the authority of section eleven hundred
eighty-b of the vehicle and traffic law.
(n) [Expires and deemed repealed July 25, 2018, pursuant to L.2014, c.
43, § 12. See, also, par. below.] are photographs, microphotographs,
videotape or other recorded images prepared under the authority of
section eleven hundred eighty-c of the vehicle and traffic law.
(n) [Expires and deemed repealed Aug. 21, 2019, pursuant to L.2014, c.
99, § 15; L.2014, c. 101, § 15; L.2014, c. 123, §15. See, also, par. (n)
above.] are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-d of
the vehicle and traffic law.
(o) [Expires and deemed repealed Sept. 12, 2020, pursuant to L.2015, c.
222, § 15.] are photographs, microphotographs, videotape or other
recorded images prepared under authority of section eleven hundred
eleven-e of the vehicle and traffic law.
3. Each agency shall maintain:
(a) a record of the final vote of each member in every agency proceeding
in which the member votes;
(b) a record setting forth the name, public office address, title and
salary of every officer or employee of the agency; and
(c) a reasonably detailed current list by subject matter, of all records
in the possession of the agency, whether or not available under this
article. Each agency shall update its subject matter list annually, and
the date of the most recent update shall be conspicuously indicated on
the list. Each state agency as defined in subdivision four of this
section that maintains a website shall post its current list on its
website and such posting shall be linked to the website of the committee
on open government. Any such agency that does not maintain a website
shall arrange to have its list posted on the website of the committee on
open government.

4. (a) Each state agency which maintains records containing trade
secrets, to which access may be denied pursuant to paragraph (d) of
subdivision two of this section, shall promulgate regulations in
conformity with the provisions of subdivision five of section
eighty-nine of this article pertaining to such records, including, but
not limited to the following:

(1) the manner of identifying the records or parts;
(2) the manner of identifying persons within the agency to whose custody
the records or parts will be charged and for whose inspection and study
the records will be made available;
(3) the manner of safeguarding against any unauthorized access to the
records.

(b) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council or
office and any public corporation the majority of whose members are
appointed by the governor.

(c) Each state agency that maintains a website shall post information
related to this article and article six-A of this chapter on its
website. Such information shall include, at a minimum, contact
information for the persons from whom records of the agency may be
obtained, the times and places such records are available for inspection
and copying, and information on how to request records in person, by
mail, and, if the agency accepts requests for records electronically, by
e-mail. This posting shall be linked to the website of the committee on
open government.

5.(a) An agency shall provide records on the medium requested by a
person, if the agency can reasonably make such copy or have such copy
made by engaging an outside professional service. Records provided in a
computer format shall not be encrypted.

(b) No agency shall enter into or renew a contract for the creation or
maintenance of records if such contract impairs the right of the public
to inspect or copy the agency`s records.

§88. Access to state legislative records.
1. The temporary president of the senate and the speaker of the assembly
shall promulgate rules and regulations for their respective houses in
conformity with the provisions of this article, pertaining to the
availability, location and nature of records, including, but not limited
to:

(a) the times and places such records are available;
(b) the persons from whom such records may be obtained;
(c) the fees for copies of such records, which shall not exceed
twenty-five cents per photocopy not in excess of nine inches by fourteen
inches, or the actual cost of reproducing any other record, except when
a different fee is otherwise prescribed by law.

2. The state legislature shall, in accordance with its published rules,
make available for public inspection and copying:

(a) bills and amendments thereto, fiscal notes, introducers' bill
memoranda, resolutions and amendments thereto, and index records;
(b) messages received from the governor or the other house of the
legislature, and home rule messages;
(c) legislative notification of the proposed adoption of rules by an
agency;
(d) transcripts or minutes, if prepared, and journal records of public
sessions including meetings of committees and subcommittees and public
hearings, with the records of attendance of members thereat and records
of any votes taken;
(e) internal or external audits and statistical or factual tabulations
of, or with respect to, material otherwise available for public
inspection and copying pursuant to this section or any other applicable
provision of law;
(f) administrative staff manuals and instructions to staff that affect
members of the public;
(g) final reports and formal opinions submitted to the legislature;
(h) final reports or recommendations and minority or dissenting reports
and opinions of members of committees, subcommittees, or commissions of
the legislature;
(i) any other files, records, papers or documents required by law to be
made available for public inspection and copying.

3. Each house shall maintain and make available for public inspection
and copying:

(a) a record of votes of each member in every session and every
committee and subcommittee meeting in which the member votes;
(b) a record setting forth the name, public office address, title, and
salary of every officer or employee; and
(c) a current list, reasonably detailed, by subject matter of any
records required to be made available for public inspection and copying
pursuant to this section.

§89. General provisions relating to access to records; certain cases.
The provisions of this section apply to access to all records, except as
hereinafter specified:

1. (a) The committee on open government is continued and shall consist
of the lieutenant governor or the delegate of such officer, the
secretary of state or the delegate of such officer, whose office shall
act as secretariat for the committee, the commissioner of the office of
general services or the delegate of such officer, the director of the
budget or the delegate of such officer, and seven other persons, none of
whom shall hold any other state or local public office except the
representative of local governments as set forth herein, to be appointed
as follows: five by the governor, at least two of whom are or have been
representatives of the news media, one of whom shall be a representative
of local government who, at the time of appointment, is serving as a
duly elected officer of a local government, one by the temporary
president of the senate, and one by the speaker of the assembly. The
persons appointed by the temporary president of the senate and the
speaker of the assembly shall be appointed to serve, respectively, until
the expiration of the terms of office of the temporary president and the
speaker to which the temporary president and speaker were elected. The
four persons presently serving by appointment of the government for
fixed terms shall continue to serve until the expiration of their
respective terms. Thereafter, their respective successors shall be
appointed for terms of four years. The member representing local
government shall be appointed for a term of four years, so long as such
member shall remain a duly elected officer of a local government. The
committee shall hold no less than two meetings annually, but may meet at
any time. The members of the committee shall be entitled to
reimbursement for actual expenses incurred in the discharge of their
duties.

(b) The committee shall:

i. furnish to any agency advisory guidelines, opinions or other
appropriate information regarding this article;
ii. furnish to any person advisory opinions or other appropriate
information regarding this article;
iii. promulgate rules and regulations with respect to the implementation
of subdivision one and paragraph (c) of subdivision three of section
eighty-seven of this article;
iv. request from any agency such assistance, services and information as
will enable the committee to effectively carry out its powers and
duties; and
v. develop a form, which shall be made available on the internet, that
may be used by the public to request a record; and
vi. report on its activities and findings regarding articles six and
seven of this chapter, including recommendations for changes in the law,
to the governor and the legislature annually, on or before December
fifteenth.

2. (a) The committee on open government may promulgate guidelines
regarding deletion of identifying details or withholding of records
otherwise available under this article to prevent unwarranted invasions
of personal privacy. In the absence of such guidelines, an agency may
delete identifying details when it makes records available.
(b) An unwarranted invasion of personal privacy includes, but shall not
be limited to:

i. disclosure of employment, medical or credit histories or personal
references of applicants for employment;
ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
iii. sale or release of lists of names and addresses if such lists would
be used for solicitation or fund-raising purposes;
iv. disclosure of information of a personal nature when disclosure would
result in economic or personal hardship to the subject party and such
information is not relevant to the work of the agency requesting or
maintaining it;
v. disclosure of information of a personal nature reported in confidence
to an agency and not relevant to the ordinary work of such agency; or
vi. information of a personal nature contained in a workers'
compensation record, except as provided by section one hundred ten-a of
the workers' compensation law; or
vii. disclosure of electronic contact information, such as an e-mail
address or a social network username, that has been collected from a
taxpayer under section one hundred four of the real property tax law.
(c) Unless otherwise provided by this article, disclosure shall not be
construed to constitute an unwarranted invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:

i. when identifying details are deleted;
ii. when the person to whom a record pertains consents in writing to
disclosure;
iii. when upon presenting reasonable proof of identity' a person seeks
access to records pertaining to him or her; or
iv. when a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or
characteristics of real property, in which case disclosure and providing
copies of such record or group of records shall not be deemed an
unwarranted invasion of personal privacy, provided that nothing herein
shall be construed to authorize the disclosure of electronic contact
information, such as an e-mail address or a social network username,
that has been collected from a taxpayer under section one hundred four
of the real property tax law".
2-a. Nothing in this article shall permit disclosure which constitutes
an unwarranted invasion of personal privacy as defined in subdivision
two of this section if such disclosure is prohibited under section
ninety-six of this chapter.

3. (a) Each entity subject to the provisions of this article, within
five business days of the receipt of a written request for a record
reasonably described, shall make such record available to the person
requesting it, deny such request in writing or furnish a written
acknowledgment of the receipt of such request and a statement of the
approximate date, which shall be reasonable under the circumstances of
the request, when such request will be granted or denied, including,
where appropriate, a statement that access to the record will be
determined in accordance with subdivision five of this section. An
agency shall not deny a request on the basis that the request is
voluminous or that locating or reviewing the requested records or
providing the requested copies is burdensome because the agency lacks
sufficient staffing or on any other basis if the agency may engage an
outside professional service to provide copying, programming or other
services required to provide the copy, the costs of which the agency may
recover pursuant to paragraph (c) of subdivision one of section
eighty-seven of this article. An agency may require a person requesting
lists of names and addresses to provide a written certification that
such person will not use such lists of names and addresses for
solicitation or fund-raising purposes and will not sell, give or
otherwise make available such lists of names and addresses to any other
person for the purpose of allowing that person to use such lists of
names and addresses for solicitation or fund-raising purposes. If an
agency determines to grant a request in whole or in part, and if
circumstances prevent disclosure to the person requesting the record or
records within twenty business days from the date of the acknowledgement
of the receipt of the request, the agency shall state, in writing, both
the reason for the inability to grant the request within twenty business
days and a date certain within a reasonable period, depending on the
circumstances, when the request will be granted in whole or in part.
Upon payment of, or offer to pay, the fee prescribed therefor, the
entity shall provide a copy of such record and certify to the
correctness of such copy if so requested, or as the case may be, shall
certify that it does not have possession of such record or that such
record cannot be found after diligent search. Nothing in this article
shall be construed to require any entity to prepare any record not
possessed or maintained by such entity except the records specified in
subdivision three of section eighty-seven and subdivision three of
section eighty-eight of this article. When an agency has the ability to
retrieve or extract a record or data maintained in a computer storage
system with reasonable effort, it shall be required to do so. When doing
so requires less employee time than engaging in manual retrieval or
redactions from non-electronic records, the agency shall be required to
retrieve or extract such record or data electronically. Any programming
necessary to retrieve a record maintained in a computer storage system
and to transfer that record to the medium requested by a person or to
allow the transferred record to be read or printed shall not be deemed
to be the preparation or creation of a new record.

(b) All entities shall, provided such entity has reasonable means
available, accept requests for records submitted in the form of
electronic mail and shall respond to such requests by electronic mail,
using forms, to the extent practicable, consistent with the form or
forms developed by the committee on open government pursuant to
subdivision one of this section and provided that the written requests
do not seek a response in some other form.

4. (a) Except as provided in subdivision five of this section, any
person denied access to a record may within thirty days appeal in
writing such denial to the head, chief executive or governing body of
the entity, or the person therefor designated by such head, chief
executive, or governing body, who shall within ten business days of the
receipt of such appeal fully explain in writing to the person requesting
the record the reasons for further denial, or provide access to the
record sought. In addition, each agency shall immediately forward to the
committee on open government a copy of such appeal when received by the
agency and the ensuing determination thereon. Failure by an agency to
conform to the provisions of subdivision three of this section shall
constitute a denial.

(b) Except as provided in subdivision five of this section, a person
denied access to a record in an appeal determination under the
provisions of paragraph (a) of this subdivision may bring a proceeding
for review of such denial pursuant to article seventy-eight of the civil
practice law and rules. In the event that access to any record is denied
pursuant to the provisions of subdivision two of section eighty-seven of
this article, the agency involved shall have the burden of proving that
such record falls within the provisions of such subdivision two. Failure
by an agency to conform to the provisions of paragraph (a) of this
subdivision shall constitute a denial.

(c) The court in such a proceeding may assess, against such agency
involved, reasonable attorney's fees and other litigation costs
reasonably incurred by such person in any case under the provisions of
this section in which such person has substantially prevailed, when:

i. the agency had no reasonable basis for denying access; or
ii. the agency failed to respond to a request or appeal within the
statutory time.
*(d)(i) Appeal to the appellate division of the supreme court must be
made in accordance with subdivision (a) of section fifty-five hundred
thirteen of the civil practice law and rules.
*(ii) An appeal from an agency taken from an order of the court
requiring disclosure of any or all records sought:
*(A) shall be given preference;
*(B) shall be brought on for argument on such terms and conditions as
the presiding justice may direct, upon application of any party to the
proceeding; and
*(C) shall be deemed abandoned if the agency fails to serve and file a
record and brief within sixty days after the date of service upon the
petitioner of the notice of appeal, unless consent to further extension
is given by all parties, or
unless further extension is granted by the court upon such terms as may
be just and upon good cause shown.

*Effective May 27, 2017

5. (a) (1) A person acting pursuant to law or regulation who, subsequent
to the effective date of this subdivision, submits any information to
any state agency may, at the time of submission, request that the agency
except such information from disclosure under paragraph (d) of
subdivision two of section eighty-seven of this article. Where the
request itself contains information which if disclosed would defeat the
purpose for which the exception is sought, such information shall also
be excepted from disclosure.

(1-a) A person or entity who submits or otherwise makes available any
records to any agency, may, at any time, identify those records or
portions thereof that may contain critical infrastructure information,
and request that the agency that maintains such records except such
information from disclosure under subdivision two of section
eighty-seven of this article. Where the request itself contains
information which if disclosed would defeat the purpose for which the
exception is sought, such information shall also be excepted from
disclosure.
(2) The request for an exception shall be in writing and state the
reasons why the information should be excepted from disclosure.
(3) Information submitted as provided in subparagraphs one and one-a of
this paragraph shall be excepted from disclosure and be maintained apart
by the agency from all other records until fifteen days after the
entitlement to such exception has been finally determined or such
further time as ordered by a court of competent jurisdiction.

(b) On the initiative of the agency at any time, or upon the request of
any person for a record excepted from disclosure pursuant to this
subdivision, the agency shall:

(1) inform the person who requested the exception of the agency's
intention to determine whether such exception should be granted or
continued;
(2) permit the person who requested the exception, within ten business
days of receipt of notification from the agency, to submit a written
statement of the necessity for the granting or continuation of such
exception;
(3) within seven business days of receipt of such written statement, or
within seven business days of the expiration of the period prescribed
for submission of such statement, issue a written determination
granting, continuing or terminating such exception and stating the
reasons therefor; copies of such determination shall be served upon the
person, if any, requesting the record, the person who requested the
exception, and the committee on open government.

(c) A denial of an exception from disclosure under paragraph (b) of this
subdivision may be appealed by the person submitting the information and
a denial of access to the record may be appealed by the person
requesting the record in accordance with this subdivision.

(1) Within seven business days of receipt of written notice denying the
request, the person may file a written appeal from the determination of
the agency with the head of the agency, the chief executive officer or
governing body or their designated representatives.
(2) The appeal shall be determined within ten business days of the
receipt of the appeal. Written notice of the determination shall be
served upon the person, if any, requesting the record, the person who
requested the exception and the committee on public access to records.
The notice shall contain a statement of the reasons for the
determination.

(d) A proceeding to review an adverse determination pursuant to
paragraph (c) of this subdivision may be commenced pursuant to article
seventy-eight of the civil practice law and rules. Such proceeding, when
brought by a person seeking an exception from disclosure pursuant to
this subdivision, must be commenced within fifteen days of the service
of the written notice containing the adverse determination provided for
in subparagraph two of paragraph (c) of this subdivision.
(e) The person requesting an exception from disclosure pursuant to this
subdivision shall in all proceedings have the burden of proving
entitlement to the exception.
(f) Where the agency denies access to a record pursuant to paragraph (d)
of subdivision two of section eighty-seven of this article, the agency
shall have the burden of proving that the record falls within the
provisions of such exception.
(g) Nothing in this subdivision shall be construed to deny any person
access, pursuant to the remaining provisions of this article, to any
record or part excepted from disclosure upon the express written consent
of the person who had requested the exception.
(h) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council or
office and any public corporation the majority of whose members are
appointed by the governor.

6. Nothing in this article shall be construed to limit or abridge any
otherwise available right of access at law or in equity of any party to
records.

7. Nothing in this article shall require the disclosure of the home
address of an officer or employee, former officer or employee, or of a
retiree of a public employees' retirement system; nor shall anything in
this article require the disclosure of the name or home address of a
beneficiary of a public employees' retirement system or of an applicant
for appointment to public employment; provided however, that nothing in
this subdivision shall limit or abridge the right of an employee
organization, certified or recognized for any collective negotiating
unit of an employer pursuant to article fourteen of the civil service
law, to obtain the name or home address of any officer, employee or
retiree of such employer, if such name or home address is otherwise
available under this article.

8. Any person who, with intent to prevent public inspection of a record
pursuant to this article, willfully conceals or destroys any such record
shall be guilty of a violation.

9. When records maintained electronically include items of information
that would be available under this article, as well as items of
information that may be withheld, an agency in designing its information
retrieval methods, whenever practicable and reasonable, shall do so in a
manner that permits the segregation and retrieval of available items in
order to provide maximum public access.
§90. Severability.
If any provision of this article or the application thereof to any
person or circumstances is adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or impair the validity of
the other provisions of the article or the application thereof to other
persons and circumstances.

From:

Dear Ms. Nasson,

Hello and I hope you are having a good day.
As per your FOIA request:

• all standard operating procedures regarding the SAEC process NO POLICY
LOCATED

• any written policies or procedures regarding department practices on
the acquisition of or handling of rape kit evidence, including protocols
for its collection, testing, and delegation and transfer to all other
possibly relevant locations, laboratories, or agencies NO POLICY LOCATED

• the number of kits collected and booked into evidence from the period
of January 1, 2000 through the date this request is processed 0

• the number of kits that have been processed by a public or private
crime or forensic laboratory or equivalent processing location from the
period of January 1, 2000 through the date this request is processed 0

• the number of unprocessed kits in any storage facilities currently
under the department's jurisdiction and control, including those held by
medical personnel or at external laboratory locations 0

• any materials regarding the status or ultimate disposition of cases in
which a kit was collected. Please include all available segregable data.
NO INFORMATION LOCATED

• all audits involving this agency regarding the collection or backlog
of SAEC kits NO INFORMATION LOCATED

• all proposed alterations or yet-to-be-implemented changes to the
policies and procedures regarding the collection, testing, and use of
SAEC kits NO INFORMATION LOCATED

There are no fees to be charged for the search. All search's for the
documents you requested were done on the officer's own time. I wish you
luck with your report and to have a great day. If you have any questions
please do not hesitate to ask.

Respectfully,

Officer George Neher

Files

There are no files associated with this request.