Yakima County Public Safety Assessment-Court

Dear Mr. Brauneis,
Pursuant to Section 89(3) of the Public Officer's Law, commonly known as the Freedom of Information Law, this will constitute a written acknowledgement of the receipt of your FAX, dated Tuesday, January 3, 2017. Such acknowledgement is being made within five (5) business days of the request. Furthermore, this shall be a written statement of the approximate date when the request will be granted or denied which I estimate to be Wednesday, February 7, 2017.

Although we will do everything we can to supply you with the information electronically, depending on the nature and extent of the records requested, there may be a fee of $0.25 per page for the reproduction of such records and documents. You will be advised of the amount of any fee prior to the release of the documents and/or records.

Please be further advised that pursuant to Section 89(3) of the Public Officer's Law, if circumstances prevent the disclosure to the person who requests such records within twenty (20) business days from the date of this acknowledgement, the Board is required to state in writing both the reason for the inability to grant the request and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part.

I trust the above is of assistance to you.

Steve Bass,
Freedom of Information Access Officer
Westchester County Board of Legislators

As my January 9th email below indicates, I estimate that you can expect a response on approximately, Wednesday, February 7, 2017.

Dear Mr. Brauneis,
This shall be the Westchester County Board of Legislators formal response to your Freedom of Information Law(FOIL) request dated Tuesday, January 3, 2017. The New York State Freedom Of Information Law is intended to allow citizens to have access to records made and kept by a public body.

You asked for "records concerning the Yakima County Court's use of the Public Safety Assessment-Court (PSA-Court) Software and the following documents

* Any correspondence regarding the selection and implementation of the PSA-Court system. This includes correspondence in the form of emails, email attachments, paper letters, and any other form of correspondence. It includes

* Correspondence between any employees, staff or officials of the Yakima County Court and any other organization or outside vendor, including but not limited to the Arnold Foundation.

* Internal correspondence between employees, staff, and/or officials of the Yakima County Court.

* Any software and algorithms developed for the implementation of the program. I'm particularly interested in any algorithms that have a public policy outcome, such as providing guidance on a policy or an assessment of an individual. However, I would like any software that was developed by or with, given to, used by, purchased or licensed to this agency for the above implementation of the above referenced program. This would include original source code, any compiled binaries (also known as executables), spreadsheets, program scripts, and other digital materials used to calculate any data in the above program. Collectively, these responsive materials will be referred to as "the software" in the following paragraphs.

* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software." This includes any notes taking during meetings that discussed the use of the software, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries.

* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.

* A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit documents, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.

* For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material."

Please be advised that your request is denied in its entirety and I certify that after a diligent search, no records responsive to your request are in the possession of the Westchester County Board of Legislators.
Any appeal from the foregoing determination should be addressed to:

Robert F. Meehan, Esq.
Westchester County Attorney
148 Martine Avenue - Room 600
White Plains, New York 10601
FOIL-Appeals@westchestergov.com<mailto:FOIL-Appeals@westchestergov.com>

Please do not hesitate to contact me if any additional information is needed.

Sincerely,
Steve Bass
Freedom of Information Officer
Westchester County Board of Legislators