FOIL - BOCES Election Communications (Duanesburg Central School District)

Jackson Parker filed this request with the Duanesburg Central School District of Delanson, NY.

It is a clone of this request.

Multi Request FOIL - BOCES Election Communications
Status
Completed

Communications

From: Jackson Parker

To Whom It May Concern:

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

Any and all documents and communications with BOCES in regards to school board elections for the past 60 days.

Any and all documents and communications with NYSSBA in regards to school board elections for the past 60 days.

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

From: Duanesburg Central School District

Mr Parker,
In response to your foil request dated May 4, 2022 regarding BOCES Election
Communications (Duanesburg Central School District). There are no
documents existing in reference to your request. I am unable to provide
any documents related to your request BOCES Election Communications
(Duanesburg Central School District), because there are none created and no
messages communicated in regard to school board elections.

Should you wish to appeal this determination, you may appeal it to the
Superintendent of Schools by submitting a request for such an appeal within
thirty (30) days of the date of this letter.

Foil Records Officer
Jeffrey Rivenburg

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From: Jackson Parker

Just to confirm, the FOIL request included both BOCES and NYSSBA, not just BOCES which you referred to in your response.
- Any and all documents and communications with BOCES in regards to school board elections for the past 60 days.
- Any and all documents and communications with NYSSBA in regards to school board elections for the past 60 days.

Can you please provide a Public Officer's Law § 89(3) certification for your determination? Such certification would clearly note that you do not have possession and/or that such records were not found after a diligent search.

This would be inclusive of any comms with NYSSBA, including but not limited to surveys which they have requested districts fill out.

https://cdn.muckrock.com/outbound_request_attachments/GuilderlandCentralSchoolDistrictGuilderlandCenter/128366/FOIL_Request_Parker_J.pdf

From: Jackson Parker

Thank you for the response.

Can you please provide a Public Officer's Law § 89(3) certification for your determination related to the request which seeks the following records:
- Any and all documents and communications with BOCES in regards to school board elections for the past 60 days.
- Any and all documents and communications with NYSSBA in regards to school board elections for the past 60 days.

Such certification would clearly note that you do not have possession and/or that such records were not found after a diligent search.

Please note the following:
§86(4) defines the term "record" expansively to include:
"any information kept, held, filed, produced, reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes."

From: Duanesburg Central School District

Mr. Parker,
After your clarification, and in further review I was only able to
determine that some NYSSBA E-clips contain links to material related to
board elections. Attached are March's E-Clips communication from NYSSBA. I
will additionally respond to this email a second time to include April and
through May 6 which is when we received this request for information. The
NYSSBA clips are all I have in documentation that exists that may contain
board election material. Furthermore I am clarifying that we *do not have
any other communication* related to your request for:

- Any and all documents and communications with BOCES in regards to
school board elections for the past 60 days.
- Any and all documents and communications with NYSSBA in regards to
school board elections for the past 60 days.

This includes "comms with NYSSBA, including but not limited to surveys
which they have requested districts fill out." Our district has not
participated in surveys as mentioned and requested on further review.

This concludes that I have presented you with any information available in
relation to your request for information. Should you wish to appeal this
determination, you may appeal it to the Superintendent of Schools by
submitting a request for such an appeal within thirty (30) days of the date
of this letter.

Jeffrey Rivenburg

Assistant Superintendent of Management Services

Duanesburg Central School District

133 School Drive, Delanson, NY 12053

www.duanesburg.org | 518.895.2279

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individual named. If you are not the named addressee you should not
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immediately by e-mail if you have received this e-mail by mistake and
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From: Duanesburg Central School District

Mr. Parker
As mentioned, this is part 2 of 2 of documents that exist containing
potential communication regarding board elections.

Should you wish to appeal this determination, you may appeal it to the
Superintendent
of Schools by submitting a request for such an appeal within thirty (30)
days of the date of this letter.

Jeffrey Rivenburg

Assistant Superintendent of Management Services

Duanesburg Central School District

133 School Drive, Delanson, NY 12053

www.duanesburg.org | 518.895.2279

--
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not
disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system. If you are not the intended recipient
you are notified that disclosing, copying, distributing or taking any
action in reliance on the contents of this information is strictly
prohibited.

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From: Jackson Parker

Thank you for the response.

It has come to our attention that other districts have been contracting BOCES to do investigative work to stalk BOE candidates and trespass on their property - we would like to confirm that you have no communication with BOCES reflecting such.

An example of the referenced communication can be found here: https://www.muckrock.com/foi/new-york-16/foil-boces-election-communications-shenendehowa-central-school-district-128367/#comms

Pursuant to Public Officers Law § 89(3)(a), can you please certify, for the scope of the FOIL request, that you do not have in possession such records or that such record cannot be found after diligent search.

From: Duanesburg Central School District

I am in receipt of your request for information, received by this office on May
26, 2022 as it is a request for documents and/or records, I am considering
it made pursuant to the Freedom of Information Law (“FOIL”).

Please be advised we are compiling the information you are requesting and
will respond to your specific requests within twenty (20) days.

Record Access Officer

Jeffrey Rivenburg

--
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not
disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system. If you are not the intended recipient
you are notified that disclosing, copying, distributing or taking any
action in reliance on the contents of this information is strictly
prohibited.

From: Duanesburg Central School District

I am in receipt of your request for information regarding BOCES Election
Communications. We have searched and found no such records / documentation
in relation to your request.

Therefore, I am denying this request for documents since the requested
records do not exist.

Should you wish to appeal this determination, you may appeal it to the
Superintendent of Schools, by submitting a request for such an appeal
within thirty (30) days of the date of this email.
Sincerely,

Record Access Officer

Jeffrey Rivenburg

--
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
This message contains confidential information and is intended only for the
individual named. If you are not the named addressee you should not
disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system. If you are not the intended recipient
you are notified that disclosing, copying, distributing or taking any
action in reliance on the contents of this information is strictly
prohibited.

From: Jackson Parker

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Jackson Parker

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