---------- Forwarded message --------- From: Bella Satra <bella.satra@exec.ny.gov> Date: Fri, Nov 29, 2024, 6:54 PM Subject: FOIL no. 1395 To: <g@xny.io> Cc: Shoshanah Bewlay (dos.ny.gov) <shoshanah.bewlay@dos.ny.gov>, Records _Access <records.access@exec.ny.gov> Please see the attached. The appeal is also attached for reference. -- *Bella S. Satra* Assistant Counsel to the Governor *New York State Executive Chamber* State Capitol, Rm 214, Albany NY 12224 Office: 518-474-1836 | bella.satra@exec.ny.gov <bella.satra@gmail.com> www.governor.ny.gov November 29, 2024 Via Email: Gunnar Larson (g@xny.io) RE: FOIL no. R001395-103124 Dear Gunnar Larson: This letter responds to the appeal you requested dated November 14, 2024 challenging the Executive Chamber’s (the “Chamber”) determination regarding FOIL request no. R001395-103124. 1. Background On or about October 31, 2024, you submitted FOIL request no. R001395-103124 to the Chamber, which sought: XNY.io-Bank.org seeks access to records if the Executive Chamber is aware of any international travel of Mayor Adams during this time period. By correspondence dated November 4, 2024, the Records Access Officer of the Chamber (“RAO”) notified you of its determination denying the request on the grounds that it impermissibly sought a response to a question, rather than a request for existing records. The RAO noted that the Chamber is not obligated to create a record to respond to a FOIL request. By letter dated November 14, 2024, you submitted an appeal challenging the determination. 1 2. Determination Based on my review of the matter, I agree with the RAO and do not believe that the Chamber has acted improperly or unreasonably. Rather than requesting records, Your FOIL request, as drafted, seeks the Chamber’s response or answer to a question regarding its “aware[ness]” of “any international travel of Mayor Adam….” The Freedom of Information Law does not require government agencies to respond to questions or prepare documents in response to questions. Public Officers Law § 89(3). I note that in your appeal, you reference a “film that seems to depict the records” sought. However, the Chamber is not obligated to review such a film to determine the scope of any records sought. Under the Freedom of Information Law, a request for records must be reasonably described in order to enable the agency to locate and review records for responsiveness as well as applicable exceptions. As explained earlier, the request here does not appear to seek records. The appeal dated November 14, is denied. This decision may be appealed in accordance with Article 78 of the Civil Practice Law and Rules. Very truly yours, Bella S. Satra Assistant Counsel to the Governor FOIL Appeals Officer cc: Shoshanah Bewlay, Executive Director, NYS Committee on Open Government (Shoshanah.Bewlay@dos.ny.gov) NYS Executive Chamber Records Access Office (records.access@exec.ny.gov)