Records of Threats Against Governor Kathy Hochul
| Tracking # |
R000503-040323 |
| Submitted | April 3, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I request access to and copies of all documents, emails, and any other information in the possession of the Governor's Office of New York relating to threats made against Governor Kathy Hochul from her Inauguration on August 24, 2021 to the present. This request includes metadata associated with the records, such as author, date, and time of creation.
Recent reports have indicated that Governor Hochul has received numerous threats of violence and harm since taking office. As a concerned citizen and advocate for transparency, I request access to any documents, emails, or other information in the possession of the Governor's Office of New York that relate to these threats.
In support of this request, I refer to the following court cases and legal principles:
Soucie v. David, 448 F.2d 1067 (D.C. Cir. 1971): This case held that the public has a strong interest in obtaining information about government activities, including any threats made against public officials.
National Archives and Records Administration v. Favish, 541 U.S. 157 (2004): This case held that FOIA requires agencies to disclose records unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption.
FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538 (2016): This law updated and strengthened the Freedom of Information Act, emphasizing the importance of transparency and accountability in government and requiring agencies to proactively disclose certain records to the public.
Please provide these records in a readable electronic format, such as PDF or Microsoft Word, and include the metadata associated with the records. If any portion of this request is denied or exempt from disclosure, please cite the specific exemption and provide an index of the withheld or redacted records, as required by law.
Please be advised that any attempt to withhold or delete responsive documents will be appealed in a court of law. Any such actions may result in legal proceedings to compel the production of the records and any applicable penalties. I also request that any responsive records be provided on a rolling basis, meaning that records should be provided as they become available instead of waiting for all records to be collected before responding to the request.
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,
Jordan
From: Office of the Governor - New York
Dear Jordan Jordan:
This message acknowledges receipt of your request. Your request was received in this office on 4/3/2023 and given the reference number R000503-040323 for tracking purposes.
Records Requested: To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I request access to and copies of all documents, emails, and any other information in the possession of the Governor's Office of New York relating to threats made against Governor Kathy Hochul from her Inauguration on August 24, 2021 to the present. This request includes metadata associated with the records, such as author, date, and time of creation.
Recent reports have indicated that Governor Hochul has received numerous threats of violence and harm since taking office. As a concerned citizen and advocate for transparency, I request access to any documents, emails, or other information in the possession of the Governor's Office of New York that relate to these threats.
In support of this request, I refer to the following court cases and legal principles:
Soucie v. David, 448 F.2d 1067 (D.C. Cir. 1971): This case held that the public has a strong interest in obtaining information about government activities, including any threats made against public officials.
National Archives and Records Administration v. Favish, 541 U.S. 157 (2004): This case held that FOIA requires agencies to disclose records unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption.
FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538 (2016): This law updated and strengthened the Freedom of Information Act, emphasizing the importance of transparency and accountability in government and requiring agencies to proactively disclose certain records to the public.
Please provide these records in a readable electronic format, such as PDF or Microsoft Word, and include the metadata associated with the records. If any portion of this request is denied or exempt from disclosure, please cite the specific exemption and provide an index of the withheld or redacted records, as required by law.
Please be advised that any attempt to withhold or delete responsive documents will be appealed in a court of law. Any such actions may result in legal proceedings to compel the production of the records and any applicable penalties. I also request that any responsive records be provided on a rolling basis, meaning that records should be provided as they become available instead of waiting for all records to be collected before responding to the request.
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,
Jordan
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New York State Executive Chamber Records Access Office
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of April 03, 2023, Reference # R000503-040323 Dear Jordan Jordan, Please be advised that we require additional time to complete our response to your FOIL request dated April 03, 2023. We will provide you with a status update on or before May 31, 2023, if we have not completed our response by then. Thank you for your courtesy in this matter. New York State Executive Chamber Records Access Office
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of April 03, 2023, Reference # R000503-040323 Dear Jordan Jordan, Please be advised that we require additional time to complete our response to your FOIL request dated April 03, 2023. We will provide you with a status update on or before June 28, 2023,] if we have not completed our response by then. Thank you for your courtesy in this matter. New York State Executive Chamber Records Access Office
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of April 03, 2023, Reference # R000503-040323 Dear Jordan Jordan, Please be advised that we require additional time to complete our response to your FOIL request dated April 03, 2023. We will provide you with a status update on or before July 27, 2023, if we have not completed our response by then. Thank you for your courtesy in this matter. New York State Executive Chamber Records Access Office
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of April 03, 2023, Reference # R000503-040323
Dear Jordan Jordan,
Please be advised that we require additional time to complete our response to your FOIL request dated April 03, 2023. We will provide you with a status update on or before August 24, 2023, if we have not completed our response by then.
Thank you for your courtesy in this matter.
New York State Executive Chamber Records Access Office
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of April 03, 2023, Reference # R000503-040323 Dear Jordan Jordan, This letter responds to your request dated April 03, 2023, which pursuant to FOIL, requested: I request access to and copies of all documents, emails, and any other information in the possession of the Governor's Office of New York relating to threats made against Governor Kathy Hochul from her Inauguration on August 24, 2021 to the present. This request includes metadata associated with the records, such as author, date, and time of creation.
To the extent your request is reasonably described, please be advised that your FOIL request has been denied pursuant to Public Officers Law § 87(2)(b) because, if disclosed, would “constitute an unwarranted invasion of personal privacy;” Public Officers Law § 87(2)(g) because records that respond to your request are withheld from disclosure as they constitute “inter-agency or intra-agency materials” which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits; Public Officers Law § 87(2)(f) because, “if disclosed, they could endanger the life or safety of any person;” and Public Officers Law § 87(2)(e) because the documents requested were “compiled for law enforcement purposes which, if disclosed, would (i) interfere with law enforcement investigations or judicial proceedings.” Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing: FOIL Appeals Officer, Executive Chamber, State Capitol, Albany, New York, 12224. Sincerely, New York State Executive Chamber Records Access Office
From: Jordan Lassiter
Subject: Appeal of FOIL Request Denial - Reference # R000503-040323
To Whom It May Concern,
I am writing to formally appeal the denial of my Freedom of Information Law (FOIL) request, Reference # R000503-040323, which was submitted on April 03, 2023. The request sought access to records related to threats made against Governor Kathy Hochul from her Inauguration on August 24, 2021, to the present. The denial was issued on August 25, 2023, citing several FOIL exemptions.
I am appealing this denial on the following grounds and with reference to legal principles and precedents:
Public Interest: The information I have requested is of significant public interest and concern, particularly given that it relates to threats made against a public official. Transparency regarding such threats is crucial to maintaining public trust and ensuring accountability within government. The public has a legitimate interest in understanding the nature and handling of these threats.
Legal Precedent: While FOIL recognizes certain exemptions, such as those cited in the denial, it also emphasizes the importance of transparency and the public's right to access government records. I refer to legal principles, including those upheld in Soucie v. David (448 F.2d 1067, D.C. Cir. 1971), National Archives and Records Administration v. Favish (541 U.S. 157, 2004), and the FOIA Improvement Act of 2016 (Pub. L. No. 114-185, 130 Stat. 538), which underscore the need for transparency in government activities and the limited scope of FOIL exemptions.
Balancing Privacy: I understand the concern for personal privacy and the safety of individuals, but FOIL exemptions should be applied judiciously, considering the balance between privacy rights and the public's right to know. It is possible to redact specific information or apply necessary safeguards to protect sensitive details while providing essential information to the public.
Law Enforcement Purpose: While acknowledging that some records may be compiled for law enforcement purposes, their release can still be compatible with FOIL if they do not interfere with ongoing investigations or judicial proceedings. The agency should provide specific justifications for withholding records on these grounds.
In light of the above points, I respectfully request that the Office of the Governor reconsider its denial and provide access to the requested records, ensuring that appropriate redactions or safeguards are applied to protect individual privacy and sensitive information. I am committed to working in collaboration with the agency to address any concerns while upholding the public's right to information.
Please acknowledge the receipt of this appeal in writing and provide a timeline for when I can expect a response. If necessary, I am prepared to pursue this matter through legal channels to ensure transparency and accountability.
Thank you for your attention to this matter, and I look forward to a prompt resolution of this appeal.
Sincerely,
Jordan Lassiter
From: Office of the Governor - New York
Please see the attached.
Bella S. Satra
Assistant Counsel to the Governor
Office of Governor Kathy Hochul
State Capitol, Albany, New York 12224
518-474-1310 | Bella.Satra@exec.ny.gov<mailto:Bella.Satra@exec.ny.gov>
www.governor.ny.gov<http://www.governor.ny.gov/>
