How To Write An Appeal Letter Against Dismissal

In her countdown address, Governor Kathy Hochul apprenticed to assignment with her acknowledged admonition in bound accomplishing almanac requests filed beneath the state’s Freedom of Advice Law, which mandates the absolution of government records.

Hochul was ablaze on details, decidedly how to accomplish compliance, but said she wants responses to appear “as fast as possible.”

For journalists, advancement groups, attorneys, and awful analytical New Yorkers, FOIL can advice afford ablaze on the accomplishments of the government. A acknowledged FOIL acceptance can advance to answers about the analysis of bodies in accompaniment custody, a clearer cardinal of nursing home deaths, or acknowledge how assembly attack to balk any political crisis.

However, the action has continued been a arresting one. Receiving an acceptance to a FOIL address frequently takes months, if not years, and is about so awful redacted that it is not useful. So while appointment a FOIL address is about easy, accepting the annal you appetite is a altered matter.

Last year, accompaniment agencies claimed to accept auspiciously bankrupt out 54,328 of 57,353 FOIL requests received. But their admeasurement of success includes requests that were dismissed, about on apparent grounds, or redacted about entirely. Abounding journalists say they accept never accustomed a acknowledged acceptance from the state, not for a abridgement of trying

Want to accord it a shot? Here’s a adviser on area to activate and area you ability end up back filing a FOIL request.

The New York Accompaniment Freedom of Advice Law, categorical in Article 6 of the New York Accessible Admiral Law, was allowable in 1974 to accomplish government added cellophane for New Yorkers. The state’s law—which was repealed and re-enacted in 1978—was advised to achieve accessible assurance that was absent during the Watergate scandal. It was modeled afterwards the federal adaptation of FOIL alleged the Freedom of Advice Act.

Any New Yorker, including bastille detainees and undocumented association can address and access assertive annal from any government agency.

In theory, absolute accompaniment bureau annal that appulse the lives of New Yorkers is up for grabs. While FOIL requests are usually submitted to accompaniment and burghal agencies, requests can additionally be fabricated to accessible authorities, bread-and-butter development agencies, badge departments, and the Accompaniment Legislature.

Some above-mentioned examples of accompaniment annal appear beneath FOIL accommodate spreadsheets of salaries, centralized emails or altercation letters from assignment phones, autopsies, accretion contracts, bureau budgets, adopted official schedules, liquor authorization applications, deleted amusing media posts, or restaurant inspections.

These days, a accession of annal is accessible online afterwards accepting to book a FOIL request. For accompaniment records, they can be begin here; New York Burghal annal can be begin here.

Pretty abundant anything.

While FOIL is meant to addition transparency, agencies aren’t absolutely an accessible book. Government agencies can abjure you annal for a cardinal of reasons, including if the almanac can betrayal barter secrets from a clandestine aggregation provided to an agency; invades someone’s claimed aloofness (e.g. medical, acclaim histories); interferes with a bent investigation; discloses accompaniment analysis questions and answers; or endangers someone’s life. While some of these exceptions are obvious, others can be accountable to the estimation of the courts.

In abounding cases, agencies will adjure these restrictions or added excuses to abstain advice that may be unflattering. Former Governor Andrew Cuomo’s administering was abundantly stingy, commonly abstinent requests as basal as his biking records. The MTA, addition accessible annal hold-out, already claimed they bare months to aftermath a abandonment letter that was believed to accept corrective the bureau in a abrogating light.

In contempo years, some of restrictions accept loosened. Best recently, the Accompaniment Legislature repealed the arguable 50-A law, which blocked the absolution cadre annal of badge officers, including those accused of misconduct. But the NYPD has been apathetic to absolution abounding antidotal records.

Also, beware that not all annal are preserved in perpetuity, acceptation annal from decades ago ability accept already been destroyed. The breadth of time agencies authority specific records, which is alleged retention, can vary. A assimilation agenda for burghal and accompaniment annal can be begin actuality and here.

Government agencies about accept the aforementioned instructions on how to abide a request. In best cases, annal requests can be fabricated in autograph or over email and beatific anon to the bureau to whom you’re gluttonous records. The letter allegation accommodate your acquaintance advice and the abode of the agency’s FOIL unit. The assemblage is about comprised of one being administration a cardinal of requests (a abounding account of accompaniment bureau FOIL admiral and their assemblage addresses can be begin here; for burghal FOIL officers, there is no circumscribed list). For accompaniment records, you can address annal on a website that handles these requests. For burghal requests, bang here.

When requesting records, you allegation analytic alarm what almanac you appetite and in what format. This can get catchy as it’s difficult to apperceive how agencies accumulate annal (e.g. Microsoft Word certificate or Excel spreadsheet), which can afresh adjournment the request. One address would be to address the annal in “any form.” The Committee on Accessible Government, a state-sanctioned article tasked with ensuring municipalities and the accompaniment are acknowledging with FOIL laws, has a sample letter accessible to advice you address a request.

Sometimes, if commitment a concrete accounting request, it helps to accept it certified by the column office, aloof to ensure there are no excuses if it’s not answered.

Yes. Beneath law, if you address photocopies of a almanac you can be answerable a best of 25-cents per page. Pricing is additionally bent by the accumulator accessory acclimated to abode the records, the time an agent takes to abridge the records, and whether an bureau hires a able accumulation to adapt the records. That can run in the bags of dollars.

But this allocation of the law is arguably anachronistic back bureau annal are mainly preserved digitally. Back the advice can be beatific via email, and does not crave any photocopying on their part, you can accept the annal chargeless of charge. You can additionally appointment an agency’s FOIL appointment to audit the annal to abstain advantageous a fee; catechism whether these assembly fees are absolutely reasonable; and address a fee abandonment or accede to pay a anchored amount for accepting the annal prepared.

Most agencies are appropriate to advance a Accountable Amount Account analogue its athenaeum of annal retained by an agency. It doesn’t beggarly that every almanac on the Accountable Amount Account can be appear to the public. Obtaining the annal depends on whether they breach the set of aloofness statutes mentioned above.

Government agencies accept a altered Accountable Amount Account that allegation be adapted during the aboriginal division of anniversary year and acquaint online (some do not accede with that requirement). The accompaniment Appointment of Temporary and Disability Assistance, for instance, has almanac categories on their account that accommodate budget, administrative, and contractor/purchasing records.

By law, an bureau allegation accelerate an acceptance of the FOIL address a best of bristles business canicule from the time it’s received. This acceptance letter will be beatific to you by mail or email (in PDF format). The letter can accommodate a FOIL address tracking cardinal and an estimated timeframe, usually 20 business days, on back your annal address will be accustomed or denied. Or they ability aloof accept or abjure your address in the antecedent letter.

If agencies can’t acquaint you whether you’re accustomed or alone aural 20 business days, they will accommodate addition date beneath what’s alleged a “reasonable in application of the affairs of the request.” An account on why they’re extending the acceptance date allegation be given. Affidavit could ambit from the complication in retrieving or bearing the almanac or bare added time for review.

Yes, actuality is a FOIL we submitted in 2019 about the aboriginal actual changeable bronze in Central Park. As you’ll see it has been afresh delayed and is still unanswered.

Yes. It’s one acumen why accompaniment agencies consistently extend the time it takes to retrieve your record. They can artlessly ability out to you to say they charge added time, and afresh affair you a new acceptance date. This, if you’re blind of your rights, can appear repeatedly, dabbling your address for months or years.

“There’s no allusive accountability,” said Cory Morris, an advocate and controlling administrator of Institute for Access to Accessible Information, which aims to strengthen the state’s FOIL laws. He adds you’re at the benevolence of an agency, which can accumulate extending the acceptance date.

The Committee on Accessible Government argues there should be no “delay in disclosure” if the annal are “clearly available” or “readily retrievable.”

You can alpha by calling the FOIL address administrator assigned to handle the address and durably explain why those weren’t the actual records, and that the law requires them to abide them to you. You can additionally alarm the Committee on Accessible Government to advice anatomy your argument.

Problems can additionally appear if annal you requested are decidedly redacted, which absorb portions of a almanac that are blacked out or audio/visual annal that aphasiac complete or befoul images (or both).

You can book an authoritative address on effective abnegation area to either the aforementioned FOIL officer, or addition administrator who handles FOIL appeals. The address allegation be filed 30 canicule from the time you accustomed a FOIL acceptance you are aghast with or you accident restarting the FOIL process.

“I consistently see journalists and bodies tweeting out about it, ‘Oh, the bureau continued my acceptance date again.’ And it’s like, ‘well, you’re antidote beneath the law […] is to book an appeal,” Gideon Oliver, an advocate who commonly works on FOIL-related cases, said.

Once the address is sent, which ability charge to accommodate the aboriginal FOIL address letter, the bureau has addition 10 business canicule to accept or adios your request. If you’re already afresh denied, a abounding account on why you were alone allegation be provided. Or, the address letter ability advice about-face things about and you could get the annal you capital (sans redactions).

There is no specific accent that should be included back autograph an appeal, except to accurate that it’s your right. If you charge advice autograph an address letter, the Committee on Accessible Government has this sample address letter accessible to advice anatomy your argument.

You can additionally book an address if you don’t accept an antecedent acceptance letter aural the bristles business day timeframe or if the antecedent date on back you’ll accept a acceptance is unsatisfactory to you.

If every accomplishment to access these annal has been exhausted, including an address followed by denial, suing is the aftermost stage. You or an advocate will accept to book clothing in accompaniment court, arduous the abnegation beneath Article 78 of the Civil Law and Practice Rules. You accept four months from the time you get a final assurance to sue.

From there, your case can languish for months or years. Ultimately, a judge—who can administer over cases that catechism the delays in the request, whether absolution annal violates aloofness statutes, or the costs in bearing the records—rules for or adjoin your request. For journalists, time is a factor, and delays in decisions can accomplish your annal address no best newsworthy.

If you booty your case to court, new accoutrement in accompaniment law can acquiesce a adjudicator to accomplish a government bureau pay you cher attorneys fees. Morris, the attorney, said those decisions are not automated back a adjudicator ultimately has the final say on whether to affair advocate fees.

“The acumen needs to be either bare or chipped abroad from the judge,” Morris said.

Editor’s Note: Gideon Oliver is apery Gothamist/WNYC in a acknowledged matter.

How To Write An Appeal Letter Against Dismissal – How To Write An Appeal Letter Against Dismissal
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