Freedom of Information Law Sample Letters

Requesting Records (Sample)

Records Access Officer

Name of Agency

Address of Agency

City, NY, ZIP code

hereby request records or portions thereof pertaining to (or containing the following)

__________________________________________________________________________________

(attempt to identify the records in which you are interested as clearly as possible).

If my request appears to be extensive or fails to reasonably describe the records, please contact me in

writing or by phone at _______________.

If there are any fees for copying the records requested, please inform me before filling the request (or: ...

please supply the records without informing me if the fees are not in excess of $____).

Sincerely,

Signature

Name

Address

City, State, ZIP code

Requesting Records via Email (Sample)

Dear Records Access Officer:

Please email the following records if possible (include as much detail about the record as possible, such

as relevant dates, names, descriptions, etc.):

OR

Please advise me of the appropriate time during normal business hours for inspecting the following

records prior to obtaining copies (include as much detail about the records as possible, including relevant

dates, names, descriptions, etc.):

OR

Please inform me of the cost of providing paper copies of the following records (include as much detail

about the records as possible, including relevant dates, names, descriptions, etc.).

AND/OR

my request, please advise me of the actual cost of copying all records onto a CD or floppy disk.

If my request is too broad or does not reasonably describe the records, please contact me via email so

that I may clarify my request, and when appropriate inform me of the manner in which records are filed,

retrieved or generated.

If it is necessary to modify my request, and an email response is not preferred, please contact me at the

following telephone number: _____________.

If for any reason any portion of my request is denied, please inform me of the reasons for the denial in

Appeal A Written Denial (Sample)

Name of Agency Official

Appeals Officer

Name of Agency

Address of Agency

City, NY, ZIP code

The records that were denied include:_______________ (describe the records that were denied to the

extent possible and, if possible, offer reasons for disagreeing with the denial, i.e., by attaching an opinion

of the Committee on Open Government acquired for its website).

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever

is designated to determine appeals, is required to respond within 10 business days of the receipt of an

appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as

required by law.

In addition, please be advised that the Freedom of Information Law directs agencies to send all appeals

and the determinations that follow to the Committee on Open Government, Department of State, One

Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

Sincerely,

Signature

Name

FOIL Appeals Officer

Name of Agency

Address of Agency

City, NY, ZIP code

Re: Freedom of Information Law Appeal

Dear __________:

I requested (describe the records) by written request made on __________ (date).

Although the receipt of the request was acknowledged and I was informed that a response would be

given by __________ (date), no response has been given.

Consequently, I consider the request to have been denied, and I am appealing on that basis.

As required by the Freedom of Information Law, the head or governing body of an agency, or whomever

is designated to determine appeals, is required to respond within 10 business days of the receipt of an

appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as

required by law.

Name

Address

City, State, ZIP code

Agency Response to Request for Records - Sample

The form language that follows is optional and may be modified. You may choose to utilize certain

portions that are most applicable to your response. It is recommended that you cut and paste the entire

form, review all provisions, and delete those that do not apply when responding to a request.

1. Attached are electronic copies of the records that you requested.

2. The records that you have requested to inspect will be made available for inspection on [insert date]

___________ at [insert time] ______________. After inspecting the records, you may request copies of

selected pages, which we will provide to you on or about [insert date]___________. If paper copies are

required, payment of a fee of $.25 per photocopy will be charged.

4. This agency does not maintain or possess the records you have requested. [When possible, indicate to

whom the request should be directed.]

5. The records sought cannot be found after a diligent search.

6. This agency has determined that portions of your request can be denied based on the following

[provide reason based on one or more exceptions appearing in §87(2) of the Freedom of Information

Law]:

based on the explanation above.

The records are not available electronically. Please remit $__________. Copies will be provided to you on

or about __________.

You have 30 days from receipt of a denial of access to records or portions thereof to appeal to:

Name: _________________________________________________________________________

Title: _________________________________________________________________________

Address: _________________________________________________________________________

Email Address:

_________________________________________________________________________

You have 30 days from receipt of a denial of access to records to appeal to:

Name: _________________________________________________________________________

Title: _________________________________________________________________________

Address: _________________________________________________________________________

Email Address:

_________________________________________________________________________

9. This agency has determined that it is unable to respond to your request in full within the next twenty

business days for the following reasons [provide explanation as required by the Freedom of Information

Law, §89(3)]:

Accordingly, on or before [insert date] ____________________, we will provide and/or deny access in

whole or in part. Please advise by reply email if you would prefer that records be made available on a

piecemeal basis if it is feasible to do so.

10. Because the records you have requested include a list of names and residence addresses, disclosure

commercial or fund-raising purposes.

_________________________

[Signature]

Send to: _________________________________________________________________________

Name: _________________________________________________________________________

Title: _________________________________________________________________________

Mailing Address: ____________________________________________________________________

11. Because the records you have requested pertain to yourself, but if released to the public would

constitute an unwarranted invasion of your privacy, as a condition precedent to disclosure, please

prepare the following statement on a separate sheet of paper, sign it, and mail it to the address indicated

below, along with copy of your valid driver license or other acceptable form of identification.

______________________________

[Signature]