Emergency planning for a nuclear attack

Atlas Obscura filed this request with the New York State Education Department of New York.
Submitted April 13, 2016
Est. Completion May 18, 2016
Status
No Responsive Documents

From: Atlas Obscura

Subject: Freedom of Information Law Request: Emergency planning for a nuclear attack

Email

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

All records pertaining to emergency planning for a nuclear attack on New York City, 1945 to present.

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,

Atlas Obscura

From: FOIL

Subject: RE: Freedom of Information Law Request: Emergency planning for a nuclear attack

Email

Dear Atlas Obscura:

This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding emergency planning for a nuclear attack on New York City, 1945 to present. Please be advised that you will hear further from the Department by approximately May 18, 2016 as to whether your request will be granted or denied in whole or in part.

SED charges the statutorily permitted fee of $.25 per page for duplication of records requested under FOIL (Public Officers Law §87[1][b][iii]). There is no provision in law or regulation requiring the waiver of this fee. Payment must be made to the NYS Education Department by check or money order. Do not send any payment until you are notified that your request is granted and informed of the charge for your request. If your request is for electronic records and your request is granted, the records will be provided to you in that format.

If your request is granted one of the following will happen:

1. If your request can be filled immediately, and the total duplication fee is under $25.00, staff will forward the requested records to you with a statement of what you owe for the duplication fee. Or:

2. If the total duplication fee for your request is $25.00 or more (100 pages), you will be advised of the page count and duplication fee owed in advance of duplicating the records. Upon receipt of payment, staff will duplicate and mail the requested records. Or:

3. If it will take time to locate and/or duplicate the records you have requested, you will be given a date by which you will be told the page count and duplication fee for your request.
Regards,
Records Access Officer

From: FOIL

Subject: RE: Freedom of Information Law Request: Emergency planning for a nuclear attack

Email

Dear Atlas Obscura:

This is in response to your Freedom of Information Law request for State Education Department records regarding emergency planning for a nuclear attack, which was received on April 13, 2016.

Please be advised that the State Education Department does not possess these records. The Freedom of Information Law does not require an agency to prepare any record not possessed or maintained by the agency (Public Officers Law Section 89[3]); therefore, your request is denied.

If you wish to appeal this decision, you may do so within 30 days by writing to:

MaryEllen Elia
Commissioner of Education
NYS Education Department
Room 111, Education Building
89 Washington Avenue
Albany, NY 12234

You may wish to seek these records from the NY State Library, phone 518-474-5355, e-mail refserv@nysed.gov<mailto:refserv@nysed.gov> or the NY State Archives, phone 518-474-8955, e-mail archref@nysed.gov<mailto:archref@nysed.gov>

Sincerely,
Records Access Officer