Policies and Procedures for FOIL Exemption Determinations

Jordan Lassiter filed this request with the Town Of Fishkill Clerk's Office of Fishkill, NY.
Tracking #

0163-2024

Due June 21, 2024
Est. Completion July 16, 2024
Status
Awaiting Response

Communications

From: Jordan Lassiter

Records Access Officer
Town of Fishkill
807 Route 52
Fishkill, NY 12524

NOTICE: Please read this request carefully. Failure to comply with the New York Freedom of Information Law, including improperly withholding or redacting information without proper justification, may result in litigation, including but not limited to legal proceedings to compel compliance.

Subject: Freedom of Information Law Request – Policies and Procedures for FOIL Exemption Determinations

Dear Records Access Officer,

Pursuant to the New York Freedom of Information Law (Public Officers Law §§ 84-90), I hereby request access to the following records related to the Town of Fishkill’s handling of FOIL requests and exemption determinations:

Requested Information:

1. Policies and Procedures:
• All documents detailing the policies and procedures used by the Town of Fishkill to determine FOIL exemptions, including any internal guidelines, manuals, or training materials provided to staff responsible for processing FOIL requests.
2. Exemption Criteria:
• Any documentation outlining the criteria and standards applied when deciding whether a particular record or portion of a record qualifies for an exemption under FOIL.
3. Training Records:
• Records of any training sessions or workshops conducted for staff on the topic of FOIL request handling and exemption determination, including dates, agendas, and materials used or distributed during such training.
4. Decision Records:
• Any internal communications, memoranda, or meeting notes discussing specific FOIL requests and the decision-making process regarding the application of exemptions. This includes communications involving the Records Access Officer, legal counsel, or other relevant officials.
5. Precedent Records:
• Copies of previous FOIL request responses where exemptions were applied, including the justifications provided for each exemption, to understand how similar requests have been handled historically.

Fee Waiver Request:
In accordance with the New York Freedom of Information Law, I request a waiver of all fees associated with this request. The disclosure of the requested information is in the public interest as it is likely to contribute significantly to public understanding of government operations and activities and is not primarily in my commercial interest.

This information is essential to understand the Town of Fishkill’s approach to transparency and public access to information. It will contribute to the public’s ability to assess the fairness and consistency of FOIL request handling. Should there be any fees associated with this request, despite the waiver request, please inform me of the total charges in advance. I would prefer the request to be fulfilled electronically via email, but I am also open to receiving the information in other formats if necessary.

I anticipate your response within the statutory timeframe prescribed by law. Should you require any clarification or have questions regarding this request, please do not hesitate to contact me at the provided phone number or email address.

Thank you for your attention and cooperation. I look forward to your prompt and thorough handling of this request.

Sincerely,

Jordan Lassiter

From: Jordan Lassiter

Subject: Follow-Up Request for FOIL Exemption Determinations (2023-2024)

Dear Records Access Officer,

I am following up on my previous FOIL request and am requesting records specifically from January 1, 2023, to the present.

From: Town Of Fishkill Clerk's Office

The request was too large for adding to the FOIL program. Below is the email of the request you submitted.

Dear Records Access Officer,

Pursuant to the New York Freedom of Information Law (Public Officers Law §§ 84-90), I hereby request access to the following records related to the Town of Fishkill's handling of FOIL requests and exemption determinations:

Requested Information:

1. Policies and Procedures:
* All documents detailing the policies and procedures used by the Town of Fishkill to determine FOIL exemptions, including any internal guidelines, manuals, or training materials provided to staff responsible for processing FOIL requests.
2. Exemption Criteria:
* Any documentation outlining the criteria and standards applied when deciding whether a particular record or portion of a record qualifies for an exemption under FOIL.
3. Training Records:
* Records of any training sessions or workshops conducted for staff on the topic of FOIL request handling and exemption determination, including dates, agendas, and materials used or distributed during such training.
4. Decision Records:
* Any internal communications, memoranda, or meeting notes discussing specific FOIL requests and the decision-making process regarding the application of exemptions. This includes communications involving the Records Access Officer, legal counsel, or other relevant officials.
5. Precedent Records:
* Copies of previous FOIL request responses where exemptions were applied, including the justifications provided for each exemption, to understand how similar requests have been handled historically.

Fee Waiver Request:
In accordance with the New York Freedom of Information Law, I request a waiver of all fees associated with this request. The disclosure of the requested information is in the public interest as it is likely to contribute significantly to public understanding of government operations and activities and is not primarily in my commercial interest.

This information is essential to understand the Town of Fishkill's approach to transparency and public access to information. It will contribute to the public's ability to assess the fairness and consistency of FOIL request handling. Should there be any fees associated with this request, despite the waiver request, please inform me of the total charges in advance. I would prefer the request to be fulfilled electronically via email, but I am also open to receiving the information in other formats if necessary.

I anticipate your response within the statutory timeframe prescribed by law. Should you require any clarification or have questions regarding this request, please do not hesitate to contact me at the provided phone number or email address.

Thank you for your attention and cooperation. I look forward to your prompt and thorough handling of this request.

Sincerely,

Jordan Lassiter
Best,

Becki Tompkins, MMC, RMC, CTO
Town of Fishkill
Town Clerk
845-831-7800 ext. 3333 | btompkins@fishkill-ny.gov<mailto:btompkins@fishkill-ny.gov>
807 Route 52, Fishkill, NY 12524
www.fishkill-ny.gov<http://www.fishkill-ny.gov/>
[180F9896]<facebook.com/fishkilltownny>

From: Town Of Fishkill Clerk's Office

I believe this is a duplicate request from the other day, which our office has processed. If this is a new and different request, please let me know.
Regards,

Becki Tompkins, MMC, RMC, CTO
Town of Fishkill
Town Clerk
845-831-7800 ext. 3333 | btompkins@fishkill-ny.gov<mailto:btompkins@fishkill-ny.gov>
807 Route 52, Fishkill, NY 12524
www.fishkill-ny.gov<http://www.fishkill-ny.gov/>
[180F9896]<facebook.com/fishkilltownny>

From: Jordan Lassiter


Dear Becki Tompkins,

Thank you for your response. The second email was to clarify the time frame so we can prevent this from being overburdened

Best regards,

Jordan Lassiter

From: Town Of Fishkill Clerk's Office

So, a duplicate. Thank you for clarifying.
Best,

Becki Tompkins, MMC, RMC, CTO
Town of Fishkill
Town Clerk
845-831-7800 ext. 3333 | btompkins@fishkill-ny.gov<mailto:btompkins@fishkill-ny.gov>
807 Route 52, Fishkill, NY 12524
www.fishkill-ny.gov<http://www.fishkill-ny.gov/>
[180F9896]<facebook.com/fishkilltownny>

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