FOIA Request for Oath of Office and Public Surety Bonds for the New York State Assembly Members (Office of the State Comptroller)
| Tracking # |
2022-0179 2022-0178 |
| Multi Request | FOIA Request for Oath of Office and Public Surety Bonds for the New York State Assembly Members |
| Submitted | March 28, 2022 |
| Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Marvin Garvey
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above ,if applicable.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available as guaranteed under the law.
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,
Marvin Garvey
From: Office of the State Comptroller
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
From: Office of the State Comptroller
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
From: Office of the State Comptroller
________________________________
From: FOIL <FOIL@osc.ny.gov>
Sent: Thursday, March 31, 2022 11:45 AM
To: requests@muckrock.com <requests@muckrock.com>
Subject: Re: Your recent FOIL request 2022-0179
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
From: Marvin Garvey
RE: FOIL request 2022-0179
Dear Ms. Jane Hall
On 3/29/2022 I have requested FOIL bellow, on 3/31/2022 you have responded that you are "unable to locate any records that satisfy my request"
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
Federal Law (31 USC Chapter 93) and New York State laws (Chapter 47, article 2, sections 11 to 13) require that any officer file for oaths of office and surety bonds or "official undertakings"
Furthermore, New York Public Officers Law, Chapter 47, article 2§ § 11. Official undertakings. "Every official undertaking, when required by or in pursuance of law to be hereafter executed or filed by any officer, shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum, if any, specified in such undertaking. The undertaking of a state officer or clerk or employee shall be approved by the attorney general as to its form and manner of execution and by the comptroller as to the sufficiency of the sureties and be filed in the comptroller's office."
https://uscode.house.gov/view.xhtml?req=granuleid%3aUSC-prelim-title31-chapter93&edition=prelim&msclkid=212652d2b8fd11ecb3efcfe148e36110
https://www.nysenate.gov/legislation/laws/PBO/A2
Please cite each specific exemption(s) you feel justifies your inability to locate any and/or all requested records, that by New York Public Officers Law, Chapter 47-should be "filed in the comptroller's office"
Please notify me of the appeal procedures available as guaranteed under the law.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Sincerely,
Marvin Garvey
From: Office of the State Comptroller
Mr. Garvey,
There is no appeal right when an agency is not in possession of the records requested. OSC is not denying release of the records; we are not in possession of the records you seek. We cannot provide what we do not have. We suggest you contact each member directly for this information.
Thank you!
From: Marvin Garvey
Ms. Hall,
Public Officers Law § 89 [3] commands that a government entity that does not supply any record in response to a FOIL request “shall certify that it does not have possession of such record or that such record cannot be found after diligent search” (Public Officers Law § 89 [3] [a] … ). Although “[t]he statute does not specify the manner in which an agency must certify that documents cannot be located” … , respondent failed to provide any such certification … . Accordingly, “we remit the matter to Supreme Court for a determination of whether respondent has any other documents in [his] possession which are responsive to petitioner’s FOIL request” … , or, if no responsive records can be found after a diligent search, for respondent to provide a proper certification as required"... Matter of Thomas v Kane, 2022 NY Slip Op 02164, Third Dept 3-31-22
Marvin Garvey
From: Office of the State Comptroller
________________________________
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, April 19, 2022 4:29 PM
To: FOIL <FOIL@osc.ny.gov>
Subject: RE: New York Freedom of Information Law Request #2022-0179
Office of the State Comptroller
FOIL Office
110 State Street
Albany, NY 12236
April 19, 2022
This is a follow up to request number 2022-0179:
Ms. Hall,
Public Officers Law § 89 [3] commands that a government entity that does not supply any record in response to a FOIL request “shall certify that it does not have possession of such record or that such record cannot be found after diligent search” (Public Officers Law § 89 [3] [a] … ). Although “[t]he statute does not specify the manner in which an agency must certify that documents cannot be located” … , respondent failed to provide any such certification … . Accordingly, “we remit the matter to Supreme Court for a determination of whether respondent has any other documents in [his] possession which are responsive to petitioner’s FOIL request” … , or, if no responsive records can be found after a diligent search, for respondent to provide a proper certification as required"... Matter of Thomas v Kane, 2022 NY Slip Op 02164, Third Dept 3-31-22
Marvin Garvey
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 126873
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On April 13, 2022:
Subject: Re: New York Freedom of Information Law Request #2022-0179
Mr. Garvey,
There is no appeal right when an agency is not in possession of the records requested. OSC is not denying release of the records; we are not in possession of the records you seek. We cannot provide what we do not have. We suggest you contact each member directly for this information.
Thank you!
On April 10, 2022:
Subject: RE: New York Freedom of Information Law Request #2022-0179
RE: FOIL request 2022-0179
Dear Ms. Jane Hall
On 3/29/2022 I have requested FOIL bellow, on 3/31/2022 you have responded that you are "unable to locate any records that satisfy my request"
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
Federal Law (31 USC Chapter 93) and New York State laws (Chapter 47, article 2, sections 11 to 13) require that any officer file for oaths of office and surety bonds or "official undertakings"
Furthermore, New York Public Officers Law, Chapter 47, article 2§ § 11. Official undertakings. "Every official undertaking, when required by or in pursuance of law to be hereafter executed or filed by any officer, shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum, if any, specified in such undertaking. The undertaking of a state officer or clerk or employee shall be approved by the attorney general as to its form and manner of execution and by the comptroller as to the sufficiency of the sureties and be filed in the comptroller's office."
https://uscode.house.gov/view.xhtml?req=granuleid%3aUSC-prelim-title31-chapter93&edition=prelim&msclkid=212652d2b8fd11ecb3efcfe148e36110
https://www.nysenate.gov/legislation/laws/PBO/A2
Please cite each specific exemption(s) you feel justifies your inability to locate any and/or all requested records, that by New York Public Officers Law, Chapter 47-should be "filed in the comptroller's office"
Please notify me of the appeal procedures available as guaranteed under the law.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Sincerely,
Marvin Garvey
---
On April 4, 2022:
Subject: Fw: Your recent FOIL request 2022-0179
________________________________
From: FOIL <FOIL@osc.ny.gov>
Sent: Thursday, March 31, 2022 11:45 AM
To: requests@muckrock.com <requests@muckrock.com>
Subject: Re: Your recent FOIL request 2022-0179
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
---
On March 31, 2022:
Subject: Re: Your recent FOIL request 2022-0179
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
---
On March 31, 2022:
Subject: Re: Your FOIL request 2022-0178
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
---
On March 28, 2022:
Subject: New York Freedom of Information Law Request: FOIA Request for Oath of Office and Public Surety Bonds for the New York State Assembly Members (Office of the State Comptroller)
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above ,if applicable.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available as guaranteed under the law.
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,
Marvin Garvey
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 126873
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
From: Marvin Garvey
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Marvin Garvey
From: Marvin Garvey
Ms. Hall,
after careful examination of your certificate, I have noticed that you have provided Certification for NYS Senate Members, while the FOIL request was for the above NYS Assembly Members.
Could you make the correction and provide certification that has been requested for the Assembly members above?
Thank you
Sincerely,
Marvin Garvey
From: Office of the State Comptroller
________________________________
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, April 26, 2022 10:33 PM
To: FOIL <FOIL@osc.ny.gov>
Subject: RE: New York Freedom of Information Law Request #2022-0179
Office of the State Comptroller
FOIL Office
110 State Street
Albany, NY 12236
April 26, 2022
This is a follow up to request number 2022-0179:
Ms. Hall,
after careful examination of your certificate, I have noticed that you have provided Certification for NYS Senate Members, while the FOIL request was for the above NYS Assembly Members.
Could you make the correction and provide certification that has been requested for the Assembly members above?
Thank you
Sincerely,
Marvin Garvey
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 126873
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On April 26, 2022:
Subject: RE: New York Freedom of Information Law Request #2022-0179
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Marvin Garvey
---
On April 25, 2022:
Subject: Re: New York Freedom of Information Law Request #2022-0179
________________________________
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, April 19, 2022 4:29 PM
To: FOIL <FOIL@osc.ny.gov>
Subject: RE: New York Freedom of Information Law Request #2022-0179
Office of the State Comptroller
FOIL Office
110 State Street
Albany, NY 12236
April 19, 2022
This is a follow up to request number 2022-0179:
Ms. Hall,
Public Officers Law § 89 [3] commands that a government entity that does not supply any record in response to a FOIL request “shall certify that it does not have possession of such record or that such record cannot be found after diligent search” (Public Officers Law § 89 [3] [a] … ). Although “[t]he statute does not specify the manner in which an agency must certify that documents cannot be located” … , respondent failed to provide any such certification … . Accordingly, “we remit the matter to Supreme Court for a determination of whether respondent has any other documents in [his] possession which are responsive to petitioner’s FOIL request” … , or, if no responsive records can be found after a diligent search, for respondent to provide a proper certification as required"... Matter of Thomas v Kane, 2022 NY Slip Op 02164, Third Dept 3-31-22
Marvin Garvey
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 126873
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On April 13, 2022:
Subject: Re: New York Freedom of Information Law Request #2022-0179
Mr. Garvey,
There is no appeal right when an agency is not in possession of the records requested. OSC is not denying release of the records; we are not in possession of the records you seek. We cannot provide what we do not have. We suggest you contact each member directly for this information.
Thank you!
On April 10, 2022:
Subject: RE: New York Freedom of Information Law Request #2022-0179
RE: FOIL request 2022-0179
Dear Ms. Jane Hall
On 3/29/2022 I have requested FOIL bellow, on 3/31/2022 you have responded that you are "unable to locate any records that satisfy my request"
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
Federal Law (31 USC Chapter 93) and New York State laws (Chapter 47, article 2, sections 11 to 13) require that any officer file for oaths of office and surety bonds or "official undertakings"
Furthermore, New York Public Officers Law, Chapter 47, article 2§ § 11. Official undertakings. "Every official undertaking, when required by or in pursuance of law to be hereafter executed or filed by any officer, shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum, if any, specified in such undertaking. The undertaking of a state officer or clerk or employee shall be approved by the attorney general as to its form and manner of execution and by the comptroller as to the sufficiency of the sureties and be filed in the comptroller's office."
https://uscode.house.gov/view.xhtml?req=granuleid%3aUSC-prelim-title31-chapter93&edition=prelim&msclkid=212652d2b8fd11ecb3efcfe148e36110
https://www.nysenate.gov/legislation/laws/PBO/A2
Please cite each specific exemption(s) you feel justifies your inability to locate any and/or all requested records, that by New York Public Officers Law, Chapter 47-should be "filed in the comptroller's office"
Please notify me of the appeal procedures available as guaranteed under the law.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Sincerely,
Marvin Garvey
---
On April 4, 2022:
Subject: Fw: Your recent FOIL request 2022-0179
________________________________
From: FOIL <FOIL@osc.ny.gov>
Sent: Thursday, March 31, 2022 11:45 AM
To: requests@muckrock.com <requests@muckrock.com>
Subject: Re: Your recent FOIL request 2022-0179
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
---
On March 31, 2022:
Subject: Re: Your recent FOIL request 2022-0179
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
---
On March 31, 2022:
Subject: Re: Your FOIL request 2022-0178
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
---
On March 28, 2022:
Subject: New York Freedom of Information Law Request: FOIA Request for Oath of Office and Public Surety Bonds for the New York State Assembly Members (Office of the State Comptroller)
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above ,if applicable.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available as guaranteed under the law.
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,
Marvin Garvey
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 126873
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
---
On April 19, 2022:
Subject: RE: New York Freedom of Information Law Request #2022-0179
Ms. Hall,
Public Officers Law § 89 [3] commands that a government entity that does not supply any record in response to a FOIL request “shall certify that it does not have possession of such record or that such record cannot be found after diligent search” (Public Officers Law § 89 [3] [a] … ). Although “[t]he statute does not specify the manner in which an agency must certify that documents cannot be located” … , respondent failed to provide any such certification … . Accordingly, “we remit the matter to Supreme Court for a determination of whether respondent has any other documents in [his] possession which are responsive to petitioner’s FOIL request” … , or, if no responsive records can be found after a diligent search, for respondent to provide a proper certification as required"... Matter of Thomas v Kane, 2022 NY Slip Op 02164, Third Dept 3-31-22
Marvin Garvey
---
On April 13, 2022:
Subject: Re: New York Freedom of Information Law Request #2022-0179
Mr. Garvey,
There is no appeal right when an agency is not in possession of the records requested. OSC is not denying release of the records; we are not in possession of the records you seek. We cannot provide what we do not have. We suggest you contact each member directly for this information.
Thank you!
On April 10, 2022:
Subject: RE: New York Freedom of Information Law Request #2022-0179
RE: FOIL request 2022-0179
Dear Ms. Jane Hall
On 3/29/2022 I have requested FOIL bellow, on 3/31/2022 you have responded that you are "unable to locate any records that satisfy my request"
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
Federal Law (31 USC Chapter 93) and New York State laws (Chapter 47, article 2, sections 11 to 13) require that any officer file for oaths of office and surety bonds or "official undertakings"
Furthermore, New York Public Officers Law, Chapter 47, article 2§ § 11. Official undertakings. "Every official undertaking, when required by or in pursuance of law to be hereafter executed or filed by any officer, shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum, if any, specified in such undertaking. The undertaking of a state officer or clerk or employee shall be approved by the attorney general as to its form and manner of execution and by the comptroller as to the sufficiency of the sureties and be filed in the comptroller's office."
https://uscode.house.gov/view.xhtml?req=granuleid%3aUSC-prelim-title31-chapter93&edition=prelim&msclkid=212652d2b8fd11ecb3efcfe148e36110
https://www.nysenate.gov/legislation/laws/PBO/A2
Please cite each specific exemption(s) you feel justifies your inability to locate any and/or all requested records, that by New York Public Officers Law, Chapter 47-should be "filed in the comptroller's office"
Please notify me of the appeal procedures available as guaranteed under the law.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Sincerely,
Marvin Garvey
---
On March 28, 2022:
Subject: New York Freedom of Information Law Request: FOIA Request for Oath of Office and Public Surety Bonds for the New York State Assembly Members (Office of the State Comptroller)
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
•Photocopies of public officials’ Oaths of Office for:
1. Carl E. Heastie
2. Crystal D. Peoples-Stokes
3. Helene E. Weinstein
4. Catherine Nolan
5. Phil Ramos
6. Jeffrion L. Aubry
7. Vivian E. Cook
8. N. Nick Perry
9. Michaelle C. Solages
10. Alicia Hyndman
11. William Colton
12. José Rivera
13. Stacey Pheffer Amato
14. Pamela J. Hunter
15. Jaime R. Williams
16. Pat Burke
17. Inez E. Dickens
18. Jeffrey Dinowitz
19. Richard N. Gottfried
20. Rebecca A. Seawright
21. Monica P. Wallace
22. Al Taylor
23. Maritza Davila
24. Edward P. Ra
25. Michael J. Fitzpatrick
26. Kevin M. Byrne
27. David DiPietro
28. Brian D. Miller
29. Angelo J. Morinello
30. David G. McDonough
31. Brian Manktelow
32. Jake Ashby
33. Michael J. Norris
34. William A. Barclay
35. Andy Goodell
36. Mary Beth Walsh
37. Joseph M. Giglio
38. Stephen Hawley
39. Philip A. Palmesano
40. Ken Blankenbush
41. Karl Brabenec
42. Michael Montesano
• Photocopies of Public Officials Surety Bonds for public officials listed above that is required by the State of New York under Universal Citation: NY Pub Off L § 11.
• Photocopies of their Faithful Performance Bond and/or Fidelity Bond and/or Public Employee Blanket Bond and/or Statutory Bond and/or Errors & Omissions (E&O) and/or Surety Liability Insurance Policy and/or Risk Management Policy and/or the Duty of Care Policy and/or Certificate of Liability if applicable.
• Photocopies of the following documents if applicable:
o ACORD 125
o ACORD 126
o ACORD 127
o ACORD 128
o The documents should indicate the policy number and the insured amount of the policy.
• Public Officials and/or any other bonds pertaining to proof of liability and policies.
**Based on any and all loses of financial responsibility due to negligence or dishonesty. Any and all based on the contract of terms and conditions.
• Photocopies of the Power of Attorney for the Surety Bond company for public officials listed above, if applicable.
• Photocopies of the Blanket Bond Power of Attorney for the Surety Bond company for public officials listed above ,if applicable.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available as guaranteed under the law.
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,
Marvin Garvey
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 126873
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Notice: This communication, including any attachments, is intended solely for the use of the individual or entity to which it is addressed. This communication may contain information that is protected from disclosure under State and/or Federal law. Please notify the sender immediately if you have received this communication in error and delete this email from your system. If you are not the intended recipient, you are requested not to disclose, copy, distribute or take any action in reliance on the contents of this information.
From: Office of the State Comptroller
This has been sent twice now.
Files
pages