Freedom of Information Act (FOIA)
2 Model FOIL Letters: Request For Records, and Appeal of Denial
Here's how to request records from NYCDOE under FOIL:
Your Name Your Return Address City, State, zip (optional) VOICE: (area code) number (optional) FAX: (area code) number (optional) E-MAIL: ___________ Date Ms. Susan W. Holtzman Central Records Access Officer Office of Legal Services New York City Department of Education 52 Chambers Street New York, NY 10007 Dear Ms. Holtzman: 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: __________________ (attempt to identify the records in which you are interested as clearly as possible -- time periods -- names of people or offices suspected to have the records, etc. -- It is suggested that you use the format of an individually numbered or lettered list of categories). 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 Typed Name (RETAIN 3 PHOTOCOPIES) Here's how to appeal a denial of access (within 30 days of the date of denial) to NYCDOE records under FOIL: Your Name Your Return Address City, State, zip (optional) VOICE: (area code) number (optional) FAX: (area code) number (optional) E-MAIL: ___________ Date Chancellor Joel I. Klein Records Appeals Officer New York City Department of Education 52 Chambers Street New York, NY 10007 Dear Chancellor Klein: I hereby appeal the denial of access regarding my Freedom of Information Law request, which was made on __________ (date) and sent to Ms. Susan W. Holtzman, the Central Records Access Officer. USE THE FOLLOWING SENTENCE IF MS. HOLTZMAN (OR ANYONE ELSE) CITED STATUTORY REASONS FOR DENIAL: The records that were denied include:_______________ (enumerate the records that were denied). OR USE THE FOLLOWING SENTENCE AFTER HAVING WAITED TWO TO THREE WEEKS, BUT NOT HEARING FROM MS. HOLTZMAN: I have received neither a substantive response, nor a letter of acknowledgment of receipt of my request. Therefore, I consider access to have been constructively denied. THIS NEXT SENTENCE IS OPTIONAL: For your convenience, I have attached a copy of my letter of request (AND, IF APPLICABLE) and a copy of Ms. Holtzman's (OR OTHER PERSON'S) letter of denial. 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, 41 State Street, Albany, New York 12231. Sincerely, Signature Typed Name (RETAIN 3 PHOTOCOPIES) |