|
|
Post by Disgusted-Daily on Mar 22, 2008 1:23:00 GMT -5
I keep reading time and time again about information that is FOILED and never receive a response. This little trend seems to be catchy. Can anybody tell me how this works and why there is no repercussions from this obvious disregard to the taxpayers that are paying their salary's? Is this a sure sign of a cover up lurking in the shadows?
If so how does one proceed when a response is not received in a timely manner.
|
|
|
|
Post by frankcor on Mar 22, 2008 2:16:26 GMT -5
todd, I think part of the problem folks have in understanding is that the law applies to documents only, not information. And you have to specify the document in many cases. So, if you want, for example, a list of all the teachers names and how much they earn, you might get a response that says "no such document exists." People like ewiatr will then post on every blog how the school district refused to respond to his request while the district has fully complied. That information does exist in the system, but not on a document with just the names and salaries.
|
|
|
|
Post by dgriffin on Mar 22, 2008 7:37:46 GMT -5
I didn't know that, Frank, and that's very interesting. So, if I don't want particular info to be subject to a FOIL, don't produce the document. Easy enough with a data base system to display such information for internal use without ever producing a document per se.
|
|
|
|
Post by Swimmy on Mar 22, 2008 8:25:13 GMT -5
If NY's foil law is anything similar to Michigan's and the federal FOIA laws, the law would span to anything that can be reduced to print form. So if it's on a computer system, you can print a form containing that information. In Michigan, I think it was the Department of Insurance that tried that argument and the Michigan Supreme Court slammed them.
However, assuming your request adequately describes the information and the documents containing that information, if the agency fails to respond, or timely respond. You have an option to file an Article 78 motion to compel agency action. That means that where an agency is required to perform a duty, such as comply with the FOIL request, the court can instruct the agency to comply with the law. If the agency still refuses, this has several ramifications and opens many legal doors for the FOIL requester.
|
|
|
|
Post by Disgusted-Daily on Mar 22, 2008 10:32:57 GMT -5
So how do you file an Article 78? When do you know that you should file when you don't get a response.
|
|
|
|
Post by Swimmy on Mar 22, 2008 11:03:44 GMT -5
Easy answer, seek the assistance of an attorney.
As you know, todd, I am not an attorney, yet. So I cannot give legal advice. I suggest you go to the Law Library on Elizabeth St. across from the courthouse (used to be an old fire station). Ask one of the librarians where to get Article 78 form that would motion the court to compel an agency to act. I think Bender's has a sample form you can then use as a template to conform to your situation. Once it's filled out, you just have to file it with the clerk of the court.
Each state has a different time period for an agency to respond by. The common period is 45 days. I think, but I'm not certain, that NYS has a 45-day waiting period. After that, a motion is considered "ripe for review." All that means is that you can file the motion and the court is able to evaluate the merits.
|
|
|
|
Post by frankcor on Mar 22, 2008 11:11:23 GMT -5
|
|
|
|
Post by Disgusted-Daily on Mar 22, 2008 11:23:54 GMT -5
Thanks Swimmy and frankcor,
That is some very interesting information that you posted and may become useful in the very near future.
|
|
