Supporting laws along with another denied FOIL request.
FOIL REQUEST
cathy macera <macera@live.com> Thu 6/6/2019 7:49 AM
ilion@ilionny.com
Dear Records Access Officer:
Please email the following records :
Copies of ZBA (Zoning Board of Appeals) minutes of Meeting for the month of October 2018
Copies of any and All signed SERQA documents for both Sewer Project and Water project
from June 2018 through June 6, 2019
Copies Re-use Policy of Fema buy-out property
Copies Lease Agreement of Fema buy-out property
Copies of all Filed Lease Agreements of Fema buy-out properties
Please certify documents provided are a true copy of the record maintained by the agency (irrespective of whether the content of the record is
accurate); certification indicating that the record could not be found after having engaged in a diligent search, or that the Village of Ilion does not maintain the record.
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.):
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.
CM Macera
Read: FOIL REQUEST
Ilion-Web Email <ilion@ilionny.com>
Thu 6/6/2019 8:28 AM
cathy macera <macera@live.com>
Your message
To: Ilion-Web Email Subject: FOIL REQUEST Sent: Thursday, June 6, 2019 7:48:35 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Thursday, June 6, 2019 8:25:09 AM (UTC-05:00) Eastern Time (US & Canada).
"The Freedom of Information Law expresses this State's strong commitment to open government and public accountability and imposes a broad standard of disclosure upon the State and its agencies (see, Matter of Farbman & Sons v New York City Health and Hosps. Corp., 62 NY 2d 75, 79). The statute, enacted in furtherance of the public's vested and inherent 'right to know', affords all citizens the means to obtain information concerning the day-to-day functioning of State and local government thus providing the electorate with sufficient information 'to make intelligent, informed choices with respect to both the direction and scope of governmental activities' and with an effective tool for exposing waste, negligence and abuse on the part of government officers" (Capital Newspapers v. Burns, supra, 565-566).
21 NYCRR PART 1401 1401.5 Responses to requests for records.
(c) An agency shall respond to a request within five business days of the receipt of a request by: (1) informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described; (2) granting or denying access to records in whole or in part; (3) acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than twenty business days after the date of the acknowledgment, or if it is known that circumstances prevent disclosure within twenty business days from the date of such acknowledgment, providing a statement in writing stating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part;
(e) A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed. Such failure shall include situations in which an agency: (1) fails to grant access to the records sought, deny access in writing or acknowledge the receipt of a request within five business days of the receipt of a request;
1401.7 Denial of access to records.
(c) If an agency fails to respond to a request as required in section 1401.5 of this Part, such failure shall be deemed a denial of access by the agency.
(d) any person denied access to records may appeal within 30 days of a denial.
(e) the time for deciding an appeal by the individual or body designated to determine appeals shall commence upon receipt of written appeal identifying:
(1) the date and location of requests for records; (2) a description, to the extent possible, of the records that were denied; and (3) name and return address of the appellant.
(f) A failure to determine an appeal within ten business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.
(g) The agency shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to: the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Suite 650, Albany, NY 12231. (h) The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (g) of this section.
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