The Standards: An agency is required by law to notify the requester in writing when, among other matters, any part of the "FOIL" request will be denied. Furthermore, if any part of the request is denied, an agency is also required by law to notify the requester in writing the reasons for the denial and provide the name, address and email address of the person or body to whom an appeal should be directed. Additionally, an agency may charge up to twenty-five cents ($.25) per photocopy not in excess of nine by fourteen inches, or in the case of records that can not be photocopied, the actual cost of reproduction, unless otherwise prescribed by statute.
The Truths: On 17 December 2007, after a "No Reply" from North Tonawanda City Chief of Police Randy Szukala who defied NYS laws and procedures to "FOIL" Request for Records related to all bomb threats occurring at North Tonawanda High School, located at 405 Meadow Drive, North Tonawanda, New York for the 2005-2006 school year, I forwarded a similar "FOIL" Request for Records, via certified mail/return receipt requested, to North Tonawanda City Attorney Shawn Nickerson, and as suggested by him. I again requested agency records within the possession and control of the City of North Tonawanda Police Department and to include papers, reports/incident reports, letters, films, photographs, and sound recordings related to all bomb threats occurring at North Tonawanda High School during the 2005-2006 school year. I also (again) requested 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.
On 20 December 2007, I received from City Attorney Shawn Nickerson's office, two (2) North Tonawanda Police Department NYS Incident Reports, one (1) City of North Tonawanda Department of Police Crime Scene Log, and three (3) North Tonawanda Police Department Incident Maintenance Logs, totaling eleven (11) pages, plus an Invoice (No. 1160) in the amount of $11.25, evidently representing the cost of copying (over $1.00 per page). A written response to the "FOIL" request for records was not enclosed as required by "FOIL" law and procedure to provide an explanation as to why parts of the request were denied (among other matters, evidence of photographs of the crime scene exist, yet were not provided and without explanation; nor was the name, address and email address of the person or body to whom an appeal can be directed provided).
On 21 December 2007, via certified mail/return receipt requested, I again directed correspondence to City Attorney Shawn Nickerson, pointing out the failure to comply with Freedom of Information Laws and requested a written response, consistent to and within the time prescribed by law, to "FOIL" Request for Records relating to all bomb threats occurring at City of North Tonawanda School District, North Tonawanda High School, during the 2005-2006 school year.
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