Untitled

Jake Offenhartz filed this request with the Office of the Mayor of New York City, NY.
Tracking #

FOIL-2022-002-00407

Status
Completed

From: Jake Offenhartz

To Whom It May Concern:

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

All communications in your possession, of any type whatsoever, to and from the Five-Borough Chamber Alliance and/or its members, including but not limited to Lisa Sorin, President of the Bronx Chamber of Commerce; Randy Peers, President and CEO of the Brooklyn Chamber of Commerce; Jessica Walker, President and CEO of the Manhattan Chamber of Commerce; Tom Grech, President and CEO of the Queens Chamber of Commerce; and Linda Baran, President and CEO of the Staten Island Chamber of Commerce

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,

Jake Offenhartz

From: Office of the Mayor

Your request FOIL-2022-002-00407 has been successfully submitted to the Mayor's Office (OOM).
The details of your request are shown below.

Request Title: Untitled

Request Description: To Whom It May Concern:

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

All communications in your possession, of any type whatsoever, to and from the Five-Borough Chamber Alliance and/or its members, including but not limited to Lisa Sorin, President of the Bronx Chamber of Commerce; Randy Peers, President and CEO of the Brooklyn Chamber of Commerce; Jessica Walker, President and CEO of the Manhattan Chamber of Commerce; Tom Grech, President and CEO of the Queens Chamber of Commerce; and Linda Baran, President and CEO of the Staten Island Chamber of Commerce

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,

Jake Offenhartz

Upload documents directly: https://www.muckrock.com/


Requester's Contact Information



Name:
Jake Offenhartz

Title:
Not provided

Organization:
Not provided

Email:
requests@muckrock.com (mailto:requests@muckrock.com)

Phone Number:
Not provided

Fax Number:
Not provided

Street Address (line 1):
Not provided

Street Address (line 2):
Not provided

City:
Not provided

State:
Not provided

Zip Code:
Not provided

You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has acknowledged your FOIL request FOIL-2022-002-00407. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Wednesday, June 8, 2022.
Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Friday, July 22, 2022.

Additional Information:

Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Tuesday, November 1, 2022.

Additional Information:

Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Friday, December 16, 2022.

Additional Information:
Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Wednesday, February 1, 2023.

Additional Information:

Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Thursday, March 16, 2023.

Additional Information:
Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Thursday, April 27, 2023.

Additional Information:


Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Friday, June 9, 2023.

Additional Information:


Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Tuesday, July 25, 2023.

Additional Information:


Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Wednesday, September 6, 2023.

Additional Information:


Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Thursday, October 19, 2023.

Additional Information:

Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Tuesday, December 19, 2023.

Additional Information:
Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Friday, February 16, 2024.

Additional Information:


Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Wednesday, May 15, 2024.

Additional Information:
Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Monday, August 12, 2024.

Additional Information:

Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Jake Offenhartz

Dear FOIL Appeals Officer,

I am writing in regard to Freedom of Information Law request sent to the City on 05/03/2022 (attached.)

Please consider this a formal appeal under Public Officers Law 89(4)(A) of the constructive denial of that request. I say constructive denial because the City has simply failed to respond in a timely manner to my request.

In a FOIL request I submitted on 05/03/2022 I asked for “All communications in your possession, of any type whatsoever, to and from the Five-Borough Chamber Alliance and/or its members, including but not limited to Lisa Sorin, President of the Bronx Chamber of Commerce; Randy Peers, President and CEO of the Brooklyn Chamber of Commerce; Jessica Walker, President and CEO of the Manhattan Chamber of Commerce; Tom Grech, President and CEO of the Queens Chamber of Commerce; and Linda Baran, President and CEO of the Staten Island Chamber of Commerce."

It has been more than two years. To date, I have received neither the records sought nor a denial of the request. I received recognition of my FOIL request but have not received further communication, the requested documents, or a denial.

The city's approach to my request is simply unlawful. It is inconsistent with both the language and intent of FOIL.

As the state’s Committee on Open Government, tasked with interpreting FOIL matters, has said, under FOIL, “an agency cannot engage in one delay after another.” FOIL AO-18008(Feb. 22, 2010). Yet, this is exactly how the city council has responded to my request, sending me only one correspondence.

Pursuant to Public Officers Law 89(3)(a), as amended by the Legislature in 2005, an agency must within five business days of receipt of a written request for records make the record sought available, deny access and give reasons for the denial, or furnish an acknowledgement of receipt and state the approximate date when the request will be dealt with. The statute further specifies that the approximate date for addressing a request on its merits should not exceed 20 business days from the date of the acknowledgement of the receipt of the request. A failure by an agency to conform to this statutorily mandated time frame constitutes a constructive denial. See Public Officers Law 89(4)(a). The statute was written as such to ensure FOIL requestors are not, as here, subjected to endless delays by agencies that choose to open their files to the public (which was precisely why FOIL was passed in the first place).

Indeed, the Committee on Open Government makes clear that “in the rare situation in which it is found that more than 20 additional business days are needed [to address the merits of a request], the agency may do so, with an explanation of the reason for the delay and an indication of a “date certain,” a self-imposed deadline by which it will grant access to the records in whole or in part (see regulations of the Committee on Open Government, 21 NYCRR 1401.5). When the date certain is reasonable in consideration of attendant facts and circumstances, the agency would be complying with law. There is no provision that permits agencies to indicate extension after extension.” FOIL AO-18008 (emphasis added). See also FOIL-AO 16095 (Dec. 13, 2007) (noting that “the amendments [to FOIL] clearly are intended to prohibit agencies from unnecessarily delaying disclosure.”). A series of generic notifications over a period of months saying that a response is forthcoming does not meet this standard under FOIL.

Further, as recognized by the New York Court of Appeals, FOIL itself contains “the Legislature’s own unmistakably broad declaration that … it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible.” Westchester Newspapers, Inc. v Kimball, 50 NY2d 575,579 (1980) (emphasis added), quoting Section 84 of FOIL. Therefore, where, as here, records are clearly available to the public under FOIL, or are readily retrievable, there may be no basis for a delay in disclosures.

As I know of no grounds in FOIL for the denial of the request, and the city has given none, I ask that this appeal be granted and that the records sought be produced promptly.

Thank you

Jake Offenhartz
Associated Press
212 621 1605

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Thursday, November 7, 2024.

Additional Information:

Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Thursday, February 6, 2025.

Additional Information:
Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has extended the time to respond to your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) You can expect a response on or about Friday, May 2, 2025.

Additional Information:
Due to the volume of requests that we have received, we are extending the due date on this request.

Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has responded to your FOIL request FOIL-2022-002-00407 with the following record(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407) NOTE: You must be logged in to your OpenRecords account to access the record(s). If you are not logged in, you will be prompted to do so when the link is selected. The record(s) listed below will not be publicly available on the OpenRecords portal.


* Response_Letter: FOIL-2022-002-00407_Response_Letter.pdf (https://a860-openrecords.nyc.gov/response/4192589)
* Responsive_Documents: FOIL-2022-002-00407_Responsive_Documents.pdf (https://a860-openrecords.nyc.gov/response/4192590)
Please visit FOIL-2022-002-00407 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)

From: Office of the Mayor

The Mayor's Office (OOM) has closed your FOIL request FOIL-2022-002-00407 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00407)
Your request under the Freedom of Information Law (FOIL) has been reviewed and the documents you requested have been posted on the OpenRecords portal.
Please check your email inbox's spam folder to ensure you received all records provided by the agency.