FOIL: COVID Vaccine Redistribution Communications (Central Islip Psychiatric Center)

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

FOIL Appeals Officer
Office of General Counsel
NYS Office of Mental Health
44 Holland Avenue
Albany, NY 12229

Subject: Appeal of Denial of Access to Records under the New York State Freedom of Information Law (FOIL)

I am writing to appeal the denial of access to records I requested from the Central Islip Psychiatric Center on May 25, 2023. The records I requested pertain to communications related to the redistribution of COVID-19 vaccines, specifically those involving the email address "CovidVaccineRedistribution@health.ny.gov".

The denial of my request was based on the assertion that my request did not "reasonably describe" the records sought, as required by Public Officers’ Law § 89(3). The denial letter cited FOIL-AO-18949 and FOIL-AO-18863 as justification for this assertion. However, upon reviewing these advisory opinions, I found that they do not support the denial of my request.

In FOIL-AO-18863, it is stated that "a request for 'all' records, without limitation, that include a certain name, for example, might not be found to reasonably describe the records when a search using that name produces thousands of email communications or other records irrespective of the content of those items." However, my request is not a broad, all-encompassing demand. It is a specific and focused request, seeking communications involving a specific email address. This is a key that would make searching quite simple, as messages could be identified by filtering for messages in the recipient or sender fields for the address "CovidVaccineRedistribution@health.ny.gov".

The denial letter also cited Fisher & Fisher v. Davison, 1988 N.Y. Misc. LEXIS 876, 9-10 (NY Sup. Ct., 1988) to assert that my request would bring an "enormous administrative burden that would interfere with the day-to-day operations of an already heavily burdened bureaucracy." However, this assertion is not supported by the specific nature of my request. As stated in Doolan v. BOCES, 48 NY 2d 341, 347; 1979, "the purpose of the Freedom of Information Law is not to be so burdensome as to totally disrupt the day-to-day operations of a government entity." My request, being specific and focused, should not cause disruptive or unreasonable interference with the agency's operations.

Furthermore, the records I requested should already be classified for retention based on LGS-01 item number 791, which **at a minimum** requires the retention of "vaccine distribution and usage records," including the "official record of distribution and usage" for 25 years, "statistical or similar record of vaccines administered" for 5 years, and "standing orders" for 1 year after expiration of the order. Therefore, locating and providing these records should not impose an undue burden on the agency.

In light of the above, I respectfully request that you overturn the denial of my FOIL request and provide access to the requested records. I look forward to your prompt response within the ten business days as required by law.