RTF Directives

Chris Gelardi filed this request with the Department of Corrections and Community Supervision of New York.
Tracking #

DOCCS-23-07-235

Est. Completion May 10, 2024
Status
Awaiting Appeal
Tags

Communications

From: Chris Gelardi

To Whom It May Concern:

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

All presently active directives containing the term "Residential Treatment Facility" and/or "Residential Treatment Facilities".

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,

Chris Gelardi

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-07-235.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

[cid:image001.png@01DAA2E4.0BF5C3F0]
Kathy Hochul
Governor
Daniel F. Martuscello III
Acting Commissioner

Attached please find the response/records responsive to your Freedom of Information Law request.

If you do not agree with this decision, you may appeal by contacting the Office of the Counsel, Department of Corrections and Community Supervision, State Campus, Building #4, 1220 Washington Avenue, Albany, New York 12226, in writing.

Records Access Officer

RAO:14

CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.

If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.

From: Chris Gelardi

Hello,

This is an appeal of the determination on FOIL request DOCCS-23-07-235. The request yielded 12 pages, which consisted of a DOCCS Directive 8700, titled "Community Preparation Case – Assignment and Release Investigation Process."

DOCCS cited three FOIL statute exemptions in redacting the document. Among them is Public Officers Law §87(2)(g): "inter/intra agency materials which are not final agency policy or decisions, statistical or factual tabulations, external audits, or instructions to staff that affect the public."

As a DOCCS directive, the document is by definition a final agency policy. Thus POL §87(2)(g) does not apply. Thus I request that DOCCS:

(a) itemize the redactions, explaining which FOIL statute exemption applies to each, and
(b) unredact all portions of the document which cite POL §87(2)(g) as the justification.

Please let me know if you have any questions. My phone number is (419) 309-6331.

Sicnerely,
Chris Gelardi

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