July 13, 2012
Re: FOIL Request Received in the City Clerk's Office on June 4, 2012
Our FOIL Record No. 252
Dear Mr. (Journalist):
Please be advised that your FOIL request wherein you requested “… ANY and ALL documents, records, and information created by and/or in the possession of, the City of Ithaca and/or the Ithaca Police Department, originating between the dates of 5-20-12 and the present, regarding: 1.) the Bank of America located on the Ithaca Commons…” has been reviewed a second time, and is granted in part and denied in part.
Because your original request appeared to be a request for police reports [actual original request is below], your original request was sent to the Ithaca Police Department only. After a diligent search, the IPD Records Department located two records responsive to your request and our office released them to you via e-mail on June 7, 2012. You replied to the e-mail and requested:
… the rest of the records, particularly the audio recording of my phone call with Sgt. Lawrence that Chief Vallely has confirmed for me IPD is in possession of? The phone call that I placed to the dept. last week, was made at 11:51am on Wednesday, May 30th. It took several minutes for Sgt. Lawrence to be connected to me. That should help in locating it.
This was converted into a new request (FOIL No. 276). IPD retrieved the audio file, and a copy was sent to you via e-mail on June 15, 2012.
I understand that in a recent article you wrote for the Occupy New York website, you expressed concern that the City had not released all documents in response to your request. Therefore, your original request has been reviewed anew. The Ithaca Police Department confirmed that no further responsive records were located within that department.
In an effort to retrieve all other responsive documents, the Information Technology Department performed an e-mail search and identified additional responsive records.
Please be further advised that 7 pages have been withheld pursuant to New York Public Officers Law § 87(2)(g). The pages consist of internal e-mail messages exempt from FOIL disclosure because they are intra-agency materials that are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits.
Please be further advised that portions of the reports (i.e., names and personal information of involved persons) have been withheld on the ground that disclosure would constitute an unwarranted invasion of personal privacy in accordance with §87(2)(b) of the Public Officers Law.
The responsive documents total 77 pages, and at a cost of $.25 per page, your total cost will be $19.25. Please send a check in the amount of $19.25, payable to the City of Ithaca, to the City Attorney's Office, 108 East Green Street, Ithaca, New York14850, and the documents will be copied and mailed to you. Please call our office to make arrangements ahead of time, if you wish to pick up the records in person.
If you believe there are other records in the City’s possession which are responsive to your request, please submit a FOIL request that specifically describes the type of record(s), date or time frame of such, and possible department(s) in possession of the record(s) you seek.
If you wish to appeal this decision, you may do so in writing to the Mayor within thirty (30) days at 108 E. Green Street,Ithaca, New York 14850.
Sincerely,
Krin Flaherty
Assistant City Attorney
JOURNALIST's IMMEDiATE REPLY
to the City Attorney's Office
