rochester gaming documents (Office of the Governor - New York)
| Tracking # |
R000686-072323 |
| Multi Request | rochester gaming documents |
| Submitted | July 19, 2023 |
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Communications
From: Sam Mellins
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
1. Studies addressing the feasibility or economic impact of a new casino in the Rochester area
2. Records of nondisclosure agreements entered into by New York State employees related to a potential new casino in the Rochester area
3. presentations or memoranda prepared in 2023 concerning the potential economic impact of a new casino in the rochester area
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,
Sam Mellins
From: Office of the Governor - New York
Dear Sam Mellins:
This message acknowledges receipt of your request. Your request was received in this office on 7/23/2023 and given the reference number R000686-072323 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:
1. Studies addressing the feasibility or economic impact of a new casino in the Rochester area
2. Records of nondisclosure agreements entered into by New York State employees related to a potential new casino in the Rochester area
3. presentations or memoranda prepared in 2023 concerning the potential economic impact of a new casino in the rochester area
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,
Sam Mellins
Upload documents directly: https://www.muckrock.com/
We will provide you with a status update on or before 8/21/2023.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
New York State Executive Chamber Records Access Office
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of July 23, 2023, Reference # R000686-072323 Dear Sam Mellins, Please be advised that we require additional time to complete our response to your FOIL request dated July 23, 2023. We will provide you with a status update on or before September 19, 2023, if we have not completed our response by then. Thank you for your courtesy in this matter. New York State Executive Chamber Records Access Office
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of July 23, 2023, Reference # R000686-072323 Dear Sam Mellins, Please be advised that we require additional time to complete our response to your FOIL request dated July 23, 2023. We will provide you with a status update on or before October 18, 2023, if we have not completed our response by then. Thank you for your courtesy in this matter. New York State Executive Chamber Records Access Office
From: Sam Mellins
Dear Records Access Officer:
This is an appeal of the executive chamber's determination on 9/20/23, regarding the above request. The EC has constructively denied my request. The possible return date of 10/18/23 -- nearly three months after the request was filed – is unreasonable, given the narrow scope of the request.
Because of this appeal, the EC is required by law to provide specific reasons within 10 business days explaining why this request cannot be filled, or else, must provide the records sought.
According to the Committee on Open Government, if a government entity acknowledges that a request has been received, but has failed to grant access by the specific date given beyond twenty business days, or if the specific date given is unreasonable, a request may be considered to have been constructively denied (see §89[4][a]). In such a circumstance, the denial may be appealed in accordance with §89(4)(a), which states in relevant part that:
“...any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefore designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought.”
I, on behalf of New York Focus, am requesting either you fill this FOIL request, or else provide a full explanation as to the reason for the denial, as required by law, of this public record.
Sincerely,
Sam Mellins
Senior Reporter, New York Focus
From: Office of the Governor - New York
--- Please respond above this line ---
RE: FOIL Records Request of July 23, 2023, Reference # R000686-072323 Dear Sam Mellins, This letter responds to your request dated July 23, 2023, which pursuant to FOIL, requested:
1. Studies addressing the feasibility or economic impact of a new casino in the Rochester area
2. Records of nondisclosure agreements entered into by New York State employees related to a potential new casino in the Rochester area
3. presentations or memoranda prepared in 2023 concerning the potential economic impact of a new casino in the rochester area In regard to the portion of your request seeking 'studies addressing the feasibility or economic impact', please be advised that the records or portions of records that respond to your request are exempt from production pursuant to New York Public Officers Law § 87(2)(c) because “disclosure would impair present or imminent contract awards or collective bargaining negotiations.”, and Public Officers Law § 87(2)(g) because they constitute “inter-agency or intra-agency materials” which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits. In regard to the portion of your request seeking 'nondisclosure agreements' and 'presentations or memoranda', t he New York State Executive Chamber has conducted a diligent search of available records and did not locate records responsive to your request. Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing: FOIL Appeals Officer, Executive Chamber, State Capitol, Albany, New York, 12224. Sincerely, New York State Executive Chamber Records Access Office
To monitor the progress or update this request please log into the Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HRWPRG2sxdIKUIwWceCMgRATNQLVWAVk99vfz0SQF7wXebEcqjoJYhNxwl5PmKpsAcxYwDCqm163Eo1re5xuXo0-3Ddjk8_ylDQugR2pLgvvEb6obxWUSmFmmLcJdUnhkBiOhDTwwGtG3d8X0NFFUnHGZrvPkag66v7x3ItdAzyrQNIuG8uH1U3qsjczEKJB9QnTidEbkqstjngdp8a05bYleVd7Ku-2BKvVmu0DkZoA3Tpi04UNV-2BnhQ7fTcG-2BNhO5bddphMBsYqDxi5iaEfkuLAMnkWtd8CMTvobZwbdsSJ6vcCZeZYJBfku01PWZGSb5KCPD9asq2S1hgH5LfNQrBmFT-2BFVMsLoO8e1TA67hMQOCIF3w2TmwMLMY6L7xclm7tZW8nIMIDuzDsxFyfPUbThTaI84Shf11e9gIcugWXWu9zhRAaZ6VDzlgZ08HX1I25xDRBR5Y1lbrULp8nhJQcivr6tLD7S)
From: Office of the Governor - New York
Please see the attached.
Bella S. Satra
Assistant Counsel to the Governor
Office of Governor Kathy Hochul
State Capitol, Albany, New York 12224
518-474-1310 | Bella.Satra@exec.ny.gov<mailto:Bella.Satra@exec.ny.gov>
www.governor.ny.gov<http://www.governor.ny.gov/>
From: Sam Mellins
Hello,
I am appealing this request and asking for a further search for responsive documents.
Thank you.
From: Office of the Governor - New York
Please see the attached.
Bella S. Satra
Assistant Counsel to the Governor
Office of Governor Kathy Hochul
State Capitol, Albany, New York 12224
518-474-1310 | Bella.Satra@exec.ny.gov<mailto:Bella.Satra@exec.ny.gov>
www.governor.ny.gov<http://www.governor.ny.gov/>
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