FOIL: Involvement with and Influences from GARE (New York State Department of Health)

To Whom It May Concern:

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

I am writing to request records pursuant to the New York State Freedom of Information Law (FOIL) (Public Officers Law Article 6) regarding the involvement of the agency with the Government Alliance on Race and Equity (GARE) or The Local & Regional Government Alliance on Race and Equity and/or an organization by the name "Race Forward" and/or an organization by the name "[the] Center for Social Inclusion" collectively referred to as GARE.

I am requesting access to any and all records, documents, communications, or other materials related to the following:

1. Any contracts or agreements between the agency and GARE or any related organizations.
2. Any training materials or presentations related to racial equity, diversity, or inclusion that the agency has used or received from GARE or any related organizations.
3. Any policies or programs related to racial equity, diversity, or inclusion that have been influenced by GARE or any related organizations.
4. Any reports, data, or other information related to the agency's efforts to promote racial equity or reduce racial disparities among students, faculty, staff, or the community at large, in collaboration with GARE or any related organizations.
5. Any meeting minutes or other records of discussions or decision-making related to the agency's involvement with GARE or any related organizations.

Please include all documents and materials from January 1, 2016, to the present.

If any portion of my request is denied, please provide a written explanation for the denial, citing the specific FOIL exemption(s) that justify the denial.

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

Dear Ms. Hewig,

I hope this letter finds you well. I am writing in response to your letter dated April 17, 2023, regarding my Freedom of Information Law (FOIL) request filed on March 20, 2023, concerning the Government Alliance on Race and Equity.

I appreciate your prompt acknowledgment of my request and your efforts to locate the relevant documents. However, considering the extended deadline of June 21, 2023, I would like to kindly request a rolling release of any responsive records identified during the ongoing diligent search process.

Receiving the information on a rolling basis would greatly benefit the public's interest in transparency and access to these crucial records. It would allow for a more timely dissemination of information while still maintaining your agency's due diligence in conducting a thorough search.

In light of this, I kindly ask that you consider releasing the records as they are identified, reviewed, and redacted if necessary. By implementing a rolling release, we can ensure timely access to vital information and foster greater collaboration between our parties.

Please let me know if you can accommodate this request or if you need any further clarification or information. I am more than willing to work with you to make this process as efficient and smooth as possible.

Subject: Appeal of FOIL Request Denial - FOIL #: 23-03-263

Dear FOIL Appeals Officer,

I am writing to appeal the denial of access to records requested from the New York State Department of Health (NYSDOH) under the New York State Freedom of Information Law (FOIL). The request, identified by the NYSDOH as FOIL #: 23-03-263, sought records related to the Government Alliance on Race and Equity (GARE).

The NYSDOH has repeatedly extended the estimated completion date for this request, most recently to August 24, 2023. While I understand that some requests may require more time to process due to their complexity or the volume of records involved, the continual extensions without evidence of a diligent search for the requested records raises concerns about the NYSDOH's compliance with FOIL.

Under FOIL, an agency is required to make a diligent effort to locate and provide the requested records. While I understand that the NYSDOH may not be able to provide a detailed account of its search process due to the ongoing nature of the search, some evidence of the steps taken to locate the requested records would be expected. This could include, for example, information about the databases or filing systems searched, the search terms used, or the staff members involved in the search.

The lack of such evidence in the NYSDOH's responses to date suggests that the Department may not be conducting a diligent search for the requested records. This is contrary to the spirit and letter of FOIL, which is intended to promote transparency and accountability in government.

I respectfully request that the NYSDOH be directed to provide evidence of its search efforts to date and to expedite the processing of this request to the extent possible. If the Department continues to encounter difficulties in locating the requested records, I would be willing to work with the Department to refine the request in a manner that would facilitate a more efficient search.

Thank you for your attention to this matter.