Right to Repair Correspondence (Office of the Governor - New York)

Dear UT UT:
This message acknowledges receipt of your request. Your request was received in this office on 7/25/2023 and given the reference number R000698-072523 for tracking purposes.
Records Requested: To Whom It May Concern:

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

- Emails, text messages, phone call logs, virtual conferencing logs, visitor and appointment logs since 2014 containing one or more of the following non case-sensitive terms "Right to Repair", "Repair", "Apple", "Google", "Samsung", "Rossmann", "Louis Rossmann", "Repair Preservation Group", "A6589".

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,

UT

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New York State Executive Chamber Records Access Office

--- Please respond above this line ---
RE: FOIL Records Request of July 25, 2023., Reference # R000698-072523. Dear UT UT, This letter responds to your request dated July 25, 2023, which pursuant to FOIL, requested: "- Emails, text messages, phone call logs, virtual conferencing logs, visitor and appointment logs since 2014 containing one or more of the following non case-sensitive terms "Right to Repair", "Repair", "Apple", "Google", "Samsung", "Rossmann", "Louis Rossmann", "Repair Preservation Group", "A6589"." The portion of your request seeking “Emails, text messages, phone call logs, virtual conferencing logs, visitor and appointment logs” is denied pursuant to Public Officers Law § 89(3) which requires a request for records to be “reasonably described.” Whether a request is reasonably described may be dependent upon the nature of an agency’s filing or record keeping system and agency employees are not required to engage in herculean or unreasonable efforts to locate records (see Konigsberg v. Coughlin, 68 N.Y.2d 245 (N.Y.1986) and the NYS Committee on Open Government’s FOIL Advisory Opinions 18949and 18863).

The Committee on Open Government has explained that “a request for ‘all’ records, without limitation, that include a certain name, for example, might not be found to reasonably describe the records.” (COOG AO-18949 (Aug. 20,2012)).
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination.  You may make an appeal by writing:  FOIL Appeals Officer, Executive Chamber, State Capitol, Albany, New York, 12224. Sincerely, New York State Executive Chamber Records Access Office