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11/15/2023
Town Clerk
FOIL
Sample FOIL Letter
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Freedom of Information Law Sample Letters
Requesting Records (Sample) Records Access Officer Name of Agency Address of Agency City, NY, ZIP code Re: Freedom of Information Law Request Records 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 Requesting Records via Email (Sample) (It has been suggested that agencies create an email address dedicated to the receipt of requests. It is recommended that you review the website of the agency maintaining the records that you seek in order to locate its email address and its records access officer.) (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). Appeal A Written Denial (Sample) 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 agencies to send all appeals and the determinations that follow 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 Appeal A Denial due to an Agency’s Failure to Respond in a Timely Manner (Sample) 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 agencies to send all appeals and the determinations that follow 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 Agency Response to Request for Records - Sample The form language that follows is optional and may be modified. You may choose to utilize certain portions that are most applicable to your response. It is recommended that you cut and paste the entire form, review all provisions, and delete those that do not apply when responding to a request. Dear Applicant for Records: We received your request for records pursuant to the Freedom of Information Law on [fill in date received, or next business date received, if received after normal business hours]: ______________. 1. Attached are electronic copies of the records that you requested. 2. The records that you have requested to inspect will be made available for inspection on [insert date] ___________ at [insert time] ______________. After inspecting the records, you may request copies of selected pages, which we will provide to you on or about [insert date]___________. If paper copies are required, payment of a fee of $.25 per photocopy will be charged. 3. The records requested cannot be located with reasonable effort and your request does not reasonably describe records in the possession of this agency. [Indicate information necessary to locate records or the manner in which records are filed, retrieved or generated by the agency in order for the applicant to clarify the request.] 4. This agency does not maintain or possess the records you have requested. [When possible, indicate to whom the request should be directed.] 5. The records sought cannot be found after a diligent search. 6. This agency has determined that portions of your request can be denied based on the following [provide reason based on one or more exceptions appearing in §87(2) of the Freedom of Information Law]: Accordingly, your request for records is granted in part and denied in part, and the requested records are attached. Certain portions have been redacted, and/or certain records have not been provided to you based on the explanation above. The records are not available electronically. Please remit $__________. Copies will be provided to you on or about __________. You have 30 days from receipt of a denial of access to records or portions thereof to appeal to: Name: _________________________________________________________________________ Title: _________________________________________________________________________ Address: _________________________________________________________________________ Email Address: _________________________________________________________________________ 7. This agency has determined that the records that you requested are not required to be made available to the public based on the following [provide reason based on one or more exceptions appearing in §87(2) of the Freedom of Information Law]: Accordingly, your request is denied. You have 30 days from receipt of a denial of access to records to appeal to: Name: _________________________________________________________________________ Title: _________________________________________________________________________ Address: _________________________________________________________________________ Email Address: _________________________________________________________________________ 8. This agency has determined that it is unable to respond to your request at this time. Accordingly, on or before [insert date within the next 20 business days] ________________, we will grant and/or deny access in whole or in part. 9. This agency has determined that it is unable to respond to your request in full within the next twenty business days for the following reasons [provide explanation as required by the Freedom of Information Law, §89(3)]: Accordingly, on or before [insert date] ____________________, we will provide and/or deny access in whole or in part. Please advise by reply email if you would prefer that records be made available on a piecemeal basis if it is feasible to do so. 10. Because the records you have requested include a list of names and residence addresses, disclosure may constitute an unwarranted invasion of personal privacy pursuant to §89(2)(b)(iii) of the Freedom of Information Law. If you maintain that such records are not sought for solicitation or fund-raising purposes, as a condition precedent to disclosure, please prepare the following statement on a separate sheet of paper, sign it, and mail it to the address indicated below. I [insert name] ___________ certify that the requested list of names and addresses will not be used for commercial or fund-raising purposes. _________________________ [Signature] Send to: _________________________________________________________________________ Name: _________________________________________________________________________ Title: _________________________________________________________________________ Mailing Address: ____________________________________________________________________ 11. Because the records you have requested pertain to yourself, but if released to the public would constitute an unwarranted invasion of your privacy, as a condition precedent to disclosure, please prepare the following statement on a separate sheet of paper, sign it, and mail it to the address indicated below, along with copy of your valid driver license or other acceptable form of identification. I certify that my name is [insert name] ___________ That I reside at [insert address] _____________ that I have attached a copy of my valid driver license or equivalent identification and that the requested records pertain to myself. ______________________________ [Signature] |
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