FOIL: COVID Vaccine Redistribution Communications (Batavia Veterans Administration Hospital)

Jackson Parker filed this request with the Batavia Veterans Administration Medical Center of New York.

It is a clone of this request.

Tracking #

23-08256-F

Multi Request FOIL: COVID Vaccine Redistribution Communications
Status
Rejected

Communications

From: Jackson Parker

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Any and all emails to or from the following email address since 1/1/2018:

CovidVaccineRedistribution@health.ny.gov

Including any attachments or related forms transmitted as attachments or embedded in responsive email messages.

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: Batavia Veterans Administration Medical Center

Thank you for contacting the VA Western New York Healthcare System. We have received your request in our FOIA Department. Please advise if you have requested this information from any other VHA facility within New York State or New Jersey as we are a consolidated VISN and will respond to multiple requests under a combined response. Per 38 CFR FOIA requests being processed are not bound by state statute as stated in your request of 5 days.

As a FOIA request we also require records to be reasonably described for searching. In your request you stated "Any and all emails to or from the following email address since 1/1/2018: covidvaccineredistribution@health.ny.gov". In order to reasonably search your request please advise of either specific individuals or positions. Alternatively you can also file your FOIL request with New York State Records which is outside the scope of the Department of Veterans Affairs, Veterans Health Administration.

From: Batavia Veterans Administration Medical Center

Clarification request sent 5/18/23 via website in above messages. Clarification letter was sent via mail 5/24/2023. Letter received provides no further clarification.

From: Batavia Veterans Administration Medical Center

Please find attached the Agency Decision Letter for FOIA Request 23-08256-F.

Thank you,

Debra Buczak MBA, RHIA
Government Information Specialist (Privacy / FOIA)
WNY VAMC
Ph. 716.862.6301
Fax 716.862.6302
Debra.buczak@va.gov<mailto:Debra.buczak@va.gov>

From: Batavia Veterans Administration Medical Center

The request has been rejected by the agency.

From: Jackson Parker

The dates seem off. Just received their letter only recently

From: Batavia Veterans Administration Medical Center

A letter stating that the request appeal has been received and is being processed.

From: Jackson Parker

Re: Appeal for Delay in Processing FOIA Request (Tracking # 23-082566-F)

I am writing to appeal the delay in processing my Freedom of Information Act (FOIA) request dated May 18, 2023, concerning Covid vaccine redistribution communications at the Batavia Veterans Administration Hospital.

### Legal Grounds for Appeal

1. **Timeliness**: According to 5 U.S.C. § 552(a)(6)(A), agencies are required to determine whether to comply with a FOIA request within 20 business days. As of the date of this letter, it has been 104 days since my initial request, and I have yet to receive the requested records or a valid reason for the delay.

2. **Public Interest**: The information sought is of significant public interest, especially considering the numerous executive orders issued by various governmental agencies during the period for which this information was requested. These orders have had a direct impact on public health and safety.

### Request for Expedited Processing

Given the public interest in this topic and its relevance to ongoing policy decisions, I kindly request that this appeal be processed on an expedited basis. The FOIA provides for expedited processing when there is a "compelling need" or urgency to inform the public about government activity (5 U.S.C. § 552(a)(6)(E)).

Thank you for your immediate attention to this matter. I look forward to your prompt response within 20 business days, as required by FOIA.

From: Batavia Veterans Administration Medical Center

The request has been rejected by the agency.

From: Batavia Veterans Administration Medical Center

A letter stating that the request appeal has been rejected.

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