Christopher Philippo

OCR doesn’t seem to have any intention of responding to this FOIA request, thereby (in my opinion) obstructing justice given their involvement in permitting and enabling the State University of New York at Albany to continue to violate policies, laws, and constitutional rights. Now the federal government’s been shut down by similarly-lawless federal government officials. When the criminally-insane government shutdown comes to an end, what can be done?

Michael Morisy

Yikes, this is pretty far over due.

At this point, you have a three main options (once the shutdown ends):

1) Ask for a time estimate. This doesn’t seem to be very effective with this office since we’ve reached out multiple times.

2) File an administrative appeal. This usually gets attention, and can be filed once the request is overdue (which this one clearly is). In an appeal letter, you should state that you take the extreme delay, as well as lack of timely updates on this request’s status, as a constructive denial.

In MuckRock, an appeal button appears at the bottom of a request once it’s overdue, so just click that and type in your appeal.

3) Reach out to the Office of Government and Information Services for mediation help. You can also reach out to OGIS via MuckRock by using the Appeal button, just note at the top that this Appeal is going to OGIS, not the agency’s normal appeal office.

None of these options are exclusive to the other, but I would recommend, in this case, starting with 2, an administrative appeal. Let us know if we can help with the language.

Christopher Philippo

Thanks for the reply!  I would probably benefit from some help with language for an administrative appeal.