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  1. #1

    Default Sent FOIA Request With No Reply

    Hello,

    I live in NY and contacted the police dept's FOIA division. They said the only way I can get my record is to send a letter to their FOIA dept. I put one together and mailed it out.

    The Problem:
    Before creating this letter, I searched online for a 'Hows to' when making a request. A few website had good suggestions. All of them said to include in the letter that 'I must be notified within 10 days'.

    I have not heard from them since I sent the letter. I know they have it because it was sent certified mail. But if there is a law requiring them to let me know when they receive it, shouldn't they do it?


    Thanks for the future help,
    Mike

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Sent REQ FOIA And No Reply

    Quote Quoting myfind2006
    View Post
    Hello,

    I live in NY and contacted the police dept's FOIA division. They said the only way I can get my record is to send a letter to their FOIA dept. I put one together and mailed it out.

    The Problem:
    Before creating this letter, I searched online for a 'Hows to' when making a request. A few website had good suggestions. All of them said to include in the letter that 'I must be notified within 10 days'.

    I have not heard from them since I sent the letter. I know they have it because it was sent certified mail. But if there is a law requiring them to let me know when they receive it, shouldn't they do it?


    Thanks for the future help,
    Mike
    Has it been ten days?

    In any event, keep after them.

    Some bureaucracies are better at responding than others.

  3. #3

    Default Re: Sent REQ FOIA And No Reply

    Hello,

    Yes it has been more then 10 days about 3 weeks. My question is can I force them to do it, or etc? Why do the websites I read, tell you to include in the letter the legal code and time frame they have to finish, if they are going to do what they want anyways?

    Thanks for your help,


  4. #4
    Join Date
    Sep 2005
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    Default Re: Sent REQ FOIA And No Reply

    Some agencies are slow to respond, knowing that there's little consequence for their missing a deadline. Some agencies wait until they are sued to provide the information. I can't speak for the police agency at issue as I have no experience with it.

  5. #5
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Sent REQ FOIA And No Reply

    Not all police records are likely to be released pursuant to a public records request. There are numerous exceptions to the release of law enforcement records. What kind of information are you asking for?

    Additionally, if you made an FOIA request, they might be able to ignore it as that is a federal regulation. In New York it appears to be the Freedom of Information Law (aka FOIL).

    These are four exceptions to release pursuant to NY law if the records are compiled by law enforcement and their release would ...

    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;


    So, it depends on WHAT the record is, and how it is requested.

    - Carl

  6. #6

    Default Re: Sent REQ FOIA And No Reply

    Hello,

    I understand what you said, but I'm not asking if they MUST provide the request. I know they can find reasons. BUT I'm asking that do they have to let you know when they received your request?

    Meaning, before I sent my request. Some of the websites I visited to learn how to put a letter together, all stated to include in my request a certain law code, followed by saying something like 'by law you have 10 days to respond to my request or you will be in violation...'

    Also, if my request was denied, to list the reason why.


    So does anyone know about this?

    Thanks

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Sent REQ FOIA And No Reply

    Quote Quoting myfind2006
    I understand what you said, but I'm not asking if they MUST provide the request. I know they can find reasons. BUT I'm asking that do they have to let you know when they received your request?
    Under FOIA, no, they likely do not have to let you know. Pursuant to FOIL, I seem to recall that they have to respond to your request within a statutory time period (and I don't recall what that was - probably ten days, a couple of weeks, or thereabouts).

    Meaning, before I sent my request. Some of the websites I visited to learn how to put a letter together, all stated to include in my request a certain law code, followed by saying something like 'by law you have 10 days to respond to my request or you will be in violation...'

    Also, if my request was denied, to list the reason why.
    And what code section did you provide in the request? If it was a USC section, then they do not have to respond as the FOIA is a federal matter and not generally applicable to state and local agencies. State and local agencies are covered under state laws that mirror or exceed the FOIA.

    If the agency has failed to comply, you can hire an attorney to force compliance. A court may even force them to pay your attorneys fees if it goes that far ... but that might be an expensive roll of the dice for you.

    Once again, the police are likely going to be able to lawfully tell you: "Nope." It really depends on the nature of the report.

    - Carl

  8. #8

    Default Re: Sent REQ FOIA And No Reply

    Hello,

    Thanks for getting back to me. It figures that when I posted here about this issue, that today in the mail I would receive a letter from FOIL telling me they have my request and because they are behind in collecting the info needed, that they will not be able to fill my order until about 2/6/07.

    Guess I dont have much choice on getting it sooner then that.



  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Sent REQ FOIA And No Reply

    Quote Quoting myfind2006
    Hello,

    Thanks for getting back to me. It figures that when I posted here about this issue, that today in the mail I would receive a letter from FOIL telling me they have my request and because they are behind in collecting the info needed, that they will not be able to fill my order until about 2/6/07.

    Guess I dont have much choice on getting it sooner then that.


    I'm curious ... what information are you looking for from the police reports? You do understand that they aren't likely to reveal any "good stuff" about you, right? If you are a suspect in an investigation, or if somone surreptitiously reported you, they aren't likely to have that info available for your review.

    I'm just curious what you hope to find in the police records.

    - Carl

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