The Standards: The Freedom of Information Law ("FOIL") is a New York state law that establishes rights similar to the Freedom of Information-Privacy Acts ("FOIPA") enacted in 1966 to establish the publics' right to obtain information from federal government agencies. If you are requesting records from a federal government agency, you must file a request under the federal Freedom of Information-Privacy Acts ("FOIPA"). If you are requesting records from a state or local agency (i.e. your state or local police department), you must file a request under the Freedom of Information Law ("FOIL").
A "requester" can obtain "agency records", which has been broadly interpreted by the Courts to mean: all types of documentary information within the possession and control of the "agency", such as papers, reports, letters, films, photographs, and sound recordings; physical objects can not be recovered.
Although there are several exemptions under both the federal "FOIPA" law and New York state "FOIL" law, federal agencies are nevertheless required to respond within twenty (20) business days and state or local agencies are required to respond within five (5) business days after the receipt of the request to either make the requested records available to you, deny the request, or acknowledge the request and state an approximate date when your request will be granted or denied. An appeal can be filed with higher officials within the agency if the agency denies your request. The person or body to whom the appeal should be directed should be conveyed in the agency's response letter. If an appeal to a "higher official" is rejected, the requester can file suit in federal court for "FOIPA" requests and in state court for "FOIL" requests where the agency will bear the burden of justifying the denial of your request (www.dos.state.ny.us/foil2.html, www.nycosh.org and aclu.org).
The Truths: On December 6 2007, via Certified Mail/Return Receipt Requested, a "FOIL" Request for Records was made to City of North Tonawanda Police Department, Chief of Police and Records Access Officer, Randy D. Szukala. The "item" was delivered at 10:01 AM on December 7, 2007 and signed for by Maureen Balling. To date (17 December 2007), "No Reply" has been received from Chief Szukala to the "FOIL" Request for Records. The "FOIL" request included a request for agency records within the possession and control of the City of North Tonawanda Police Department to include papers, reports/incident reports, letters, films, photographs, and sound recordings, related to all bomb threats occurring at North Tonawanda High School, located at 405 Meadow Drive, North Tonawanda, New York during the 2005-2006 school year (September 2005 through June 30, 2006). A request was also made for all documents that describe or reflect the procedures followed by investigating officers on this matter, as well as a record of calls made to Emergency 911 response system and, if the call was transferred to the Fire Department or the Emergency Medical Service, a record of those calls as well.
A "No Reply" by Chief Szukala to the "FOIL" request within the time prescribed by law led me to telephone North Tonawanda City Attorney Shawn P. Nickerson who, this morning, indicated that I could direct the "FOIL" Request for Records to his attention.
A Freedom of Information-Privacy Acts ("FOIPA") Request for Records similar to the "FOIL" Request for Records to City of North Tonawanda Police Department Chief of Police and Records Access Officer Randy Szukala was also made to the U.S. Department of Justice, Federal Bureau of Investigations, who promptly and courteously replied well within the time prescribed by law, "No records responsive to your "FOIPA" request were located by a search of the automated indices."
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