Engineering Report on Maj. Gen. Philip Schuyler Statue Removal

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

I am writing to request records under the New York State Freedom of Information Law (FOIL), Article 6 of the Public Officers Law.

Specifically, I am seeking the following:

1. All communications, including but not limited to emails, memos, and letters, related to the engineering report on the removal of the Maj. Gen. Philip Schuyler statue in Albany.
2. The engineering report itself on the removal of the Maj. Gen. Philip Schuyler statue.
3. All documents related to previous "threats to topple the statue", communications or complaints - official or otherwise, or factual verified complaints of which the city has been "made aware of".
4. Documentation of efforts taken by the city since 2018 to address any "threats to topple the statue" prior to June 2023.

The City of Albany has previously cited concerns about public safety as a reason to withhold the engineering report. However, I would like to counter this assertion based on the following points:

1. **Public Interest**: The removal of the statue is a matter of public interest, and the public has a right to understand the process and reasoning behind this decision. The FOIL itself states that "a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions" (§84. Legislative declaration).

2. **Risk Assessment**: The city's assertion that releasing the report might inform someone how to topple the monument and endanger public safety seems disproportionate. The statue has already been removed, and the city has dealt with far greater and more immediate public safety threats, such as gun violence.

3. **Case Law and Advisory Opinions**: According to the FOIL (§87. Access to agency records), an agency may deny access to records if disclosed could endanger the life or safety of any person. However, case law and advisory opinions have often interpreted this provision narrowly. The risk must be imminent and substantial, not hypothetical or speculative.

4. **Absurdity of Risk**: The city's argument that the engineering report could be used to topple other statues is speculative at best. The city regularly discloses information about its infrastructure, buildings, and public spaces that could theoretically be misused, yet it does not withhold this information on the grounds of public safety.

If any of the requested records are denied, please cite the specific exemption you believe justifies your refusal to release the information and inform me of the appeal procedures available under the law.

Thank you for your attention to this matter.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Jackson Parker