Data and Research on the Existence of COVID-19 Variant BA.2.86 (Office of the Governor - New York)
| Tracking # |
R000753-083023 |
| Multi Request | Data and Research on the Existence of COVID-19 Variant BA.2.86 |
| Submitted | Aug. 30, 2023 |
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Communications
From: Jackson Parker
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
all data, research, and correspondence related to the existence and characteristics of the COVID-19 variant BA.2.86, as mentioned by Governor Kathy Hochul, for the period from January 1, 2023, to August 31, 2023.
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: Office of the Governor - New York
Dear Jackson Parker:
This message acknowledges receipt of your request. Your request was received in this office on 8/30/2023 and given the reference number R000753-083023 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:
all data, research, and correspondence related to the existence and characteristics of the COVID-19 variant BA.2.86, as mentioned by Governor Kathy Hochul, for the period from January 1, 2023, to August 31, 2023.
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
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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 August 30, 2023., Reference # R000753-083023. Dear Jackson Parker, This letter responds to your request dated August 30, 2023, which pursuant to FOIL, requested: all data, research, and correspondence related to the existence and characteristics of the COVID-19 variant BA.2.86, as mentioned by Governor Kathy Hochul, for the period from January 1, 2023, to August 31, 2023. The portion of your request seeking “all data, research, and correspondence” is denied pursuant to Public Officers Law § 89(3) which requires a request for records to be “reasonably described.” Whether a request is reasonably described may be dependent upon the nature of an agency’s filing or record keeping system and agency employees are not required to engage in herculean or unreasonable efforts to locate records (see Konigsberg v. Coughlin, 68 N.Y.2d 245 (N.Y. 1986) and the NYS Committee on Open Government’s FOIL Advisory Opinions 18949 and 18863).
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may make an appeal by writing: FOIL Appeals Officer, Executive Chamber, State Capitol, Albany, New York, 12224. Sincerely, New York State Executive Chamber Records Access Office
From: Jackson Parker
I am writing to appeal the denial of my Freedom of Information Law (FOIL) request dated 8/30/23 which sought access to data and research on the existence of the COVID-19 variant BA.2.86. My request was denied on the grounds that it was not “reasonably described.”
I respectfully disagree with the denial and would like to cite the case of “Konigsberg v. Coughlin,” 68 N.Y.2d 245 (1986), where the New York Court of Appeals held that a FOIL request is “reasonably described” if the agency has the ability to locate and identify the requested documents. My request for data and research on the COVID-19 variant BA.2.86 is specific, particularly in light of Governor Kathy Hochul’s recent comments on the importance of understanding and combating new COVID-19 variants. The Governor’s comments can be found here: https://www.governor.ny.gov/news/following-reports-new-variant-governor-hochul-announces-new-steps-keep-new-yorkers-protected
Given the Governor’s explicit focus on this variant, it is reasonable to assume that the agency has conducted research or compiled data on this subject, making my request “reasonably described” under the standards set forth in “Konigsberg v. Coughlin.”
I kindly request that you reconsider the denial and provide access to the requested records. If my appeal is denied, please provide a written explanation that includes reference to the specific statutory exemption(s) upon which the denial is based, as required by Public Officers Law § 89(4)(a).
Thank you for your attention to this matter. I look forward to your prompt response within ten business days, as required by Public Officers Law § 89(4)(a).
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/>
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