REQUESTING RECORDS UNDER THE FREEDOM OF INFORMATION LAW (FOIL)
Individuals who wish to make a request for records under the Freedom of Information Law (FOIL) are required to contact the District's Records Access Officer, Ms. Whitney Druker (845)871-5520, x5522; Rhinebeck Central School District, P.O. Box 351, Rhinebeck, New York 12572, ([email protected]); using one of the methods outlined in the samples provided below. Please note that the District Official to contact to Appeal a Denial of a FOIL Request is the District Superintendent, Mr. Albert Cousins IV.
Contact either Ms. Druker or Mr. Cousins if you have any questions.
Sample Letter for Requesting Records
Records Access Officer
Name of Agency
Address of Agency
City, NY, ZIP code
Re: Freedom of Information Law Request
Dear Record Access Officer:
Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof pertaining to (or containing the following) __________________ (attempt to identify the records in which you are interested as clearly as possible). If my request appears to be extensive or fails to reasonably describe the records, please contact me in writing or by phone at _____________.
If there are any fees for copying the records requested, please inform me before filling the request (or: ... please supply the records without informing me if the fees are not in excess of $____).
As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.
Sincerely,
Signature
Name
Address
City, State, ZIP code
Sample Letter for Requesting Records via Email
(The subject line of your request should be "FOIL Request".)
Dear Records Access Officer:
Please email the following records if possible (include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.):
OR
Please advise me of the appropriate time during normal business hours for inspecting the following records prior to obtaining copies (include as much detail about the records as possible, including relevant dates, names, descriptions, etc.):
OR
Please inform me of the cost of providing paper copies of the following records (include as much detail about the records as possible, including relevant dates, names, descriptions, etc.).
AND/OR
If all of the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).
If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD or floppy disk.
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If it is necessary to modify my request, and an email response is not preferred, please contact me at the following telephone number: _____________.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.
(Name)
(Address, if records are to be mailed).
Sample Letter for an Appeal of a Written Denial
Name of Agency Official
Appeals Officer
Name of Agency
Address of Agency
City, NY, ZIP code
Re: Freedom of Information Law Appeal
Dear __________:
I hereby appeal the denial of access regarding my request, which was made on __________ (date) and sent to __________ (records access officer, name and address of agency).
The records that were denied include:_______________ (describe the records that were denied to the extent possible and, if possible, offer reasons for disagreeing with the denial, i.e., by attaching an opinion of the Committee on Open Government acquired for its website).
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.
Sincerely,
Signature
Name
Address
City, State, ZIP code
Sample Letter for an Appeal of a Denial due to an Agency's Failure to Respond in a Timely Manner
FOIL Appeals Officer
Name of Agency
Address of Agency
City, NY, ZIP code
Re: Freedom of Information Law Appeal
Dear __________:
I requested (describe the records) by written request made on __________ (date). More than five business days have passed since the receipt of the request without having received a response... or... Although the receipt of the request was acknowledged and I was informed that a response would be given by __________ (date), no response has been given. Consequently, I consider the request to have been denied, and I am appealing on that basis.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.
Sincerely,
Signature
Name
Address
City, State, ZIP code