FOIL

I am hoping you can advise on exemptions under FOIL. We are hoping to send requests to the NYPD (New York Police Department) seeking communications with third parties (private parties) related to security provided for the high profile trial proceedings in NYC. We are wondering whether and to what extent any of the below exemptions would apply (or any considerations about which we should be aware).

i. interfere with law enforcement investigations or judicial proceedings;
ii. deprive a person of a right to a fair trial or impartial adjudication;
iii. identify a confidential source or disclose confidential information relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except routine techniques and procedures;
(f) if disclosed could endanger the life or safety of any person;

I have until Thursday to file an Article 78 on a FOIL Appeal denial in Rockland County by the Town of Ramapo.
It’s a very straightforward legal issue and I am thinking of pursuing it ‘pro se’ because I am so incensed.

It was a request for a spreadsheet which I had personally seen on the prior director of planning ipad which we discussed. I asked for it and was denied based on the materials being intra-agency and being draft. Based on COOG opinions, I strongly believe the records should have been released. I am wondering if your attorneys may have some examples of a petition that I could reference. I am thinking that the main request is to get the court to order the materials released to the judge to review for a court determination.

Not sure if you have seen or heard about the incident with Cheektowaga police aggressively arresting a teenager for a petty theft, but I requested the body cam footage.

There is cell phone video of the incident but it’s not from the viewpoint of officers.

They denied it because it would interfere with judicial proceedings. I found that reason odd considering cell phone video already exists.

Hi Paul,

We covered an incident at the emergency homeless shelter here in Ithaca in which a shelter client was put in a chokehold by an employee. The non-profit the county has contracted to operate the shelter, St. John’s Community Services, submitted two reports on the incident: one to the county and one to the state. St. John’s will not release the reports to me directly, so I am working to request them.

The state OTDA has a specific form for such reports: https://otda.ny.gov/programs/housing/forms.asp

Since it’s very likely that they’ll reject or at least redact this records request, I was wondering if you had any previous cases I could cite to improve my chances of getting more complete responsive documents.

I am in contact with and working to get written permission from the shelter client who was involved in the incident, but don’t have that just yet.

This is (redacted) with Investigative Post in Buffalo – I hope you’re doing well!

I’m reaching out because I’m publishing a story this week about more stonewalling by state agencies for basic information about the Tesla factory in Buffalo. I’m hoping you might be able to comment for the piece.

Here’s the backstory: Last January (2023) I published this story about problems with Tesla’s Solar Roof, the product it, at one point, dedicated its Buffalo factory to. The Solar Roof is a series of interlocking glass shingles that act as individual solar cells. My story detailed how Tesla had so many issues manufacturing it that it eventually reduced its production and began using the factory for other purposes. My story also noted the lack of “spin off” development around the factory and pointed out that a state agency, Fort Schuyler Management Corporation, owned some 100 acres of land surrounding the factory, supposedly for that “spin off” development.

So, I wanted to know what was being planned for that property.

On March 8, 2023 I filed a FOIL request with Ft. Schuyler asking for emails, letters and other documents on the property it owned. More than a year later, Ft. Schuyler is still processing my request. After I appealed an effective denial after several months of delays, the agency began releasing documents in batches. One batch revealed the existence of a state spending account Tesla is allowed to use for various renovations.

Another batch revealed another fact: Tesla had installed solar panels on the roof of the factory. Given my past reporting on the struggles of Tesla’s solar operations, I was curious if these were Tesla panels, or another company’s panels. As I’ve sought an answer to that very basic question, I’ve been stone walled at every turn. Tesla won’t say. Fort Schuyler won’t say.

Finally, in January, I FOILed again. Here’s the language of the request and the response:

I am seeking the name of the manufacturer of the solar panels installed on the roof of the Buffalo Riverbend Tesla factory (1339 South Park Avenue), the name of the vendor who sold the solar panels and the name of the company that installed the solar panels. To that end, I request records that list the names of the solar panel manufacturer, the vendor and the installer. These records may include but are not limited to: Purchase orders, invoices, receipts, memos, inspection documents, legal agreements or waivers, lease documents or the file “Program Timeline Action Items.xlsm.” The panels were purchased circa 2020 and installed circa 2021.
In response to your request, we can confirm that Tesla Energy Operations, Inc. installed the panels on the roof of 1339 South Park Avenue. Your request for information concerning the manufacturer and supplier of the panels is denied. The records you have requested constitute a trade secret of Tesla and if disclosed would cause substantial injury to the competitive position of Tesla as provided in § 87 (2)(d) of the Public Officers Law. FSMC was not involved in contracting for or funding the purchase or installation of solar panels placed on the roof of the Tesla building. Tesla has numerous facilities and operations located throughout the world, and does business with numerous suppliers of similar products and services. It maintains strict confidentiality concerning the identify of its suppliers and vendors because disclosure of the identify of a supplier could have a negative impact on its ability to obtain competitive terms and prices from other suppliers.

This, of course, is part of a pattern. My editor Jim Heaney was previously stonewalled by the state over factory records, which eventually kicked off the Buffalo Billion scandal.

Here’s my question: What do you make of all this? Is this type of stonewalling typical of New York? Is this particularly egregious, in part because the state built this factory with $969 million in taxpayer money?

What should the public make of all this? It seems to me that the state-owned factory is in part a state secret. I’m wondering if it’s normal to be this secretive about something taxpayers paid for?

While it may not be the biggest deal who made the solar panels, this seems to represent a pattern of secrecy. I’m wondering if you agree with that?

I know you’ve helped us in the past on general public information inquiries when it comes to the media.

I have a question regarding union grievances filed against a municipality.

I’ve heard that Jamestown’s police and fire departments have filed grievances against the city. My question is whether these documents are covered under FOIL rules and, if so, would it be to the city or another agency like PERB (Public Employment Relations Board)?

A town councilman is under investigation for videotaping and posting on social media an obviously distressed naked woman on Main Street in Saugerties.

He’s a fireman, was in the official assistant chief’s car, with his friend who is not a fireman, and did nothing to help but left the scene after taping her twice.
Both clips are about ten seconds.  The parents are upset and filed a Police report.

Are these documents subject to FOIL?

A FOIL request is only required if the town requires it. There is nothing that prevents anyone walking into town hall verbally requesting a document and the town clerk providing it. In some places that is how it is done and should be done. There is nothing in the law that requires utilizing the FOIL process to provide information to the public.

Terms are important. There is a difference between an “RFP” process and a “bidding” process. With bids, typically they are opened in public and the town goes with the low bidder when seeking work and the high bidder when selling something. If the bids have been opened, all information is accessible to the public.

RFP’s are a different process, typically used to hire professional firms and with an RFP the winner is made not just on price alone but other factors as well, such as experience, etc. RFP info can be released after the process of selecting someone has been completed.

As far as the wording of your request, I assume in the case of bids you are looking for the names of who bid and the amount of the bid. For an RFP you probably want to see what grading criteria was established, the evaluation results and the proposals submitted.

I live in NY and I am curious to know if I could use FOIA to request expense reports from trips taken by my NYS Assemblyman.