Communications with NYS Immunization Advisory Council and Industry Lobbyists (Schenectady City School District)

To Whom It May Concern:

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

Any and all emails, paper communications, phone logs, text messages, receipts, invoices, memorandum, meeting notes referencing or from/to any of the following individuals

Christine Hayes (GlaxoSmithKline - Vaccine Sales Manager)
Michelle Monnier (GlaxoSmithKline - Vaccine Sales Director)
Thomas Dumas (GlaxoSmithKline - Medical Science Liaison)
Tobey Snyder (GlaxoSmithKline)
Molly Ortolani Walsh (Merck - Sales Executive)
Robert Zullo (Merck - Sr. Account Manager)
Gregory Honsberger (Pfizer - Vaccine Account Manager)
Sagar Shah (Sanofi Pasteur - Medical Science Liaison, Sales)
Scott Eden (Sanofi Pasteur - Public Health Manager, Sales)
Andrew Rannekamp
Karen Durning Oles (Dynavax - Team Lead, Sales)
Natalie Taylor (Dynavax - Sales)
Natasha Loojune-Sookman (Schenectady County Public Health)

Dr. Debra Tristram
Ms. Elie Ward
Dr. Kenneth Rowin
Ms. Alison Singer
Mr. Paul Macielak
Dr. Elizabeth Rauch-Phung
Ms Robin Suitor
Ms Kara Connelly
Dr Dina Hoefer
Ms Loretta Santilli
Ms Barbara Joyce
Ms Stephanie Ostrowski
Ms Sara Hershey
Mr Dileep Sarecha
Ms Carolyn Perry
Ms Lyndsey Hoyt
Ms Alexandra Hamburg
Ms Kate Sorensen
Ms Olga Lawrence
Mr Johnathan Karmel
Mr Jonathan Karmel
Ms Shainza Noor
Ms Anike Shaw
Dr Jane Zucker

and between any and all employees, contractors, consultants, advisors, board members, administrators or staff of the District from 1/1/2019 to the date this request is completed.

Additionally, please include all communications where any of the individuals listed have been CCd or BCCd, or their referenced organizations, or where prior emails contain email references that mention the names, aliases or contact information noted above including the contents of attachments.

Be sure to include contents of attachments to emails.

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

I am writing to appeal the summary denial of access for my FOIL request submitted on June 3, 2022, as I have not received any response or acknowledgement since then.

To clarify, my request sought any and all emails, paper communications, phone logs, text messages, receipts, invoices, memorandum, meeting notes referencing or from/to several individuals and organizations, as well as any communications where any of the individuals listed have been CCd or BCCd, or their referenced organizations, or where prior emails contain email references that mention the names, aliases or contact information noted above including the contents of attachments, between any and all employees, contractors, consultants, advisors, board members, administrators or staff of the District from 1/1/2019 to the date this request is completed.

I understand the importance of responding to FOIL requests in a timely manner, and I have not received any communication from the district since June 3, 2022. As a result, I request that the district provide a response to my request as soon as possible.

I request that the District fulfill my original request within the next five business days or provide a written response outlining the reason for the delay and a date by which I can expect to receive the requested records.

Subject: Appeal for Access to Responsive Documents Regarding Communications with NYS Immunization Advisory Council and Industry Lobbyists

I am writing to appeal the response to my Freedom of Information Law (FOIL) request for records related to communications with the NYS Immunization Advisory Council and industry lobbyists within SCSD As indicated by the provided examples, there are responsive documents that should be available for disclosure, which are not exempt from the FOIL request.

The district has received informational messages from NYSDOH, including those sent in June 2021 by Robin Suitor and Elizabeth Rausch-Phung, warning of civil penalties for students attending school without vaccinations. These notices may originate from email addresses such as notify01@health.ny.gov under the heading NYSDOH HEALTH NOTIFICATION or other vehicles, and should be considered as responsive records.

Additionally, other districts have disclosed responsive records such as school nurses workshops, conference materials, and events promoted by the individuals noted:

1. https://www.muckrock.com/foi/watervliet-22319/communications-with-nys-immunization-advisory-council-and-industry-lobbyists-watervliet-city-school-district-129557/
2. https://www.muckrock.com/foi/albany-720/communications-with-nys-immunization-advisory-council-and-industry-lobbyists-south-colonie-central-school-district-129553/
3. https://www.muckrock.com/foi/new-york-16/communications-with-nys-immunization-advisory-council-and-industry-lobbyists-averill-park-central-school-district-129569/
4. https://cdn.muckrock.com/foia_files/2022/07/05/Responsive_Records.pdf
5. https://cdn.muckrock.com/outbound_request_attachments/WatervlietCitySchoolDistrict/129557/Barbara_Joyce_thread_.pdf

Some materials reveal that members of the groups listed in the request had the power and authority within school districts to establish arrangements for external on-site “ambassador” relationships, aimed at developing student influencers to promote vaccines while parents were restricted from having a presence in the school district. If such an arrangement was discussed, it would certainly be responsive.

Considering this information, it is highly likely that the district possesses responsive records that are not exempt from disclosure. I kindly request a reconsideration of the initial response and the provision of any responsive documents.

Thank you for your attention to this matter.