Records Related to Individuals Banned from the New York State Capitol

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LASSITER_NYSP_20240621052632549

INFORMATION SUBMITTED:

Records Requested From
New York State Police

Short Title
Records Related to Individuals Banned from the New York State Capitol

Description
Date: June 14, 2024New York State PolicePublic Information Office1220 Washington Avenue, Building 22Albany, NY 12226Attn: FOIA OfficerSubject: Comprehensive FOIL Request for Records Related to Individuals Banned from the New York State CapitolDear Records Access Officer,This is a formal request under the New York Freedom of Information Law (Public Officers Law §§ 84-90) to access all records related to individuals who have been banned from the New York State Capitol in Albany, NY, from January 1, 2020, to the present. As an investigative journalist, I seek these records to ensure public transparency and accountability.Requested Records:1. Written Orders or Directives:• All written orders or directives issued regarding the banishment or barring of individuals from the State Capitol.• Legal Support: Brady v. Maryland, 373 U.S. 83 (1963), supports the necessity for transparency in government actions affecting individuals’ rights, ensuring that exculpatory evidence is disclosed.2. Internal Communications:• Any internal memos, emails, or communications regarding specific instances of individuals being banned from the State Capitol, including the dates of these instances and the reasons for banishment, if recorded.• Legal Support: Giglio v. United States, 405 U.S. 150 (1972), establishes the importance of transparency in government communications, particularly those affecting individuals’ rights and public access to information.3. Formal Notifications:• Records pertaining to instances where individuals were formally notified of their banishment from the State Capitol.• Legal Support: Mathews v. Eldridge, 424 U.S. 319 (1976), emphasizes the necessity of due process, including notice and the opportunity to be heard when individuals’ rights are affected by government actions.Privacy Considerations:Please note that the requested records pertain to official actions and decisions made by public officials and do not fall under personal privacy exemptions. The public interest in transparency and accountability outweighs any privacy concerns in this context. The New York Court of Appeals has affirmed that privacy exemptions should not be used to withhold records that inform the public about government operations (see Gould v. New York City Police Dept., 89 N.Y.2d 267 (1996)).Public Interest Justification:The requested information is of significant public interest, particularly concerning the transparency of government operations and the actions taken to bar individuals from public buildings. Disclosure of these records will promote public understanding and facilitate informed community oversight.Fees and Document Delivery:I request a waiver of all fees associated with the processing of this request, as the disclosure serves the public interest significantly and enhances the understanding of government operations without any commercial benefit. I prefer to receive the documents electronically, via email or on a CD-ROM if digital transmission is not feasible.Response Time and Legal Compliance:As per the New York Freedom of Information Law, I expect a response within the statutory timeframe. Failure to comply with this request may result in legal action to enforce the Act’s provisions. I remind you of your obligation to review this request carefully and to disclose all non-exempt portions of the requested records.Notice of Publication:Please be aware that all communications related to this request will be published on a public platform to ensure transparency.Legal Action:If necessary, I am prepared to initiate an Article 78 proceeding to compel compliance with the FOIL.Conclusion:Thank you for your attention to this matter. I look forward to your prompt response and the provision of the requested records in accordance with the New York Freedom of Information Law.Sincerely,Jordan LassiterInvestigative JournalistTransparencyReport.pwEnclosure: Fee Waiver Request LetterPlease be aware: All communications related to this request, including incoming and outgoing communications, will be publicly available on MuckRock.com. Additionally, any correspondence in relation to this request will be instantly published on the platform.Attachments:https://cdn.muckrock.com/outbound_composer_attachments/TheJ/138696/Fee_Waiver_Letter_copy.pdfUpload documents directly: https://www.muckrock.com/

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Fee_Waiver_Letter_copy (2).pdf

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Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request. Please allow up to five business days for such communication(s). For your convenience, here is additional contact information:

New York State Police
1220 Washington Avenue
Bldg 22
Albany, NY 12226-2252

June 21, 2024

Jordan Lassiter
MuckRock News, DEPT MR165618
263 Huntington Avenue
Boston, Massachusetts 02115

Re: FOIL Number NYSP-24-06-2207

Dear Jordan Lassiter:
This will acknowledge receipt of your request for records under the Freedom of Information Law received by New York State Police on June 21, 2024. The request was for "Records Related to Individuals Banned from the New York State Capitol".
Due to the volume of requests received and currently being processed by this agency your request will be granted or denied by or before August 26, 2024. Please take note extensive requests require more time to process.
Please be advised, pursuant to Article 6 of the Public Officers Law, a fee may be applied to your request, including the actual cost of the medium used to respond to your Freedom of Information Law request and/or other related costs. When responsive records have been identified, you will be informed of any cost and how payment should be made. For further information see our website troopers.ny.gov<https://troopers.ny.gov/foil-requests>.
PLEASE NOTE: **
As we have acknowledged your request, please refrain from submitting duplicate requests for the same records through Open FOIL. Submitting a duplicate request takes time away from processing the hundreds of requests received each month. If you have additional information to add to your request, or you would like to know the status of your request, please use the above FOIL number when contacting the FOIL Unit via email or call us at (518) 464-7100, option #4.
Sincerely,
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Technical Lieutenant Rachel M. Collins
Records Access Officer

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