FOIL Information

The information below is supplied in connection with the City of Rye automated FOIL intake procedure.

The Freedom of Information Law (FOIL) is part of the New York State Public Officers Law (POL) – Article 6, Sections 84 through 90.  The full text of the law can be found on the New York State Website – Department of State – Committee on Open Government (http://www.dos.ny.gov/coog/foil2.html)

FOIL is for existing records that are maintained in some physical format. (POL §86.4 - Definitions)   If a record does not already exist in a physical format, it does not have to be created.  An agency is not required to answer questions or create a new record in response to questions.

There are certain charges to the requestor that are allowable under FOIL (POL §87.1(b) iii through §87c).  The requestor will be notified prior to the records being made available of any allowable charges that may be incurred to produce the documents based on the hourly rate of the employee with the skill-level required to perform the work.  If a response is not provided by the requestor, either accepting or declining the charges within 72 hours of being notified, it will be assumed that the requestor has declined the charges and the FOIL request will be marked RESOLVED.  Payment will be required before the records are provided. Payment can be made online by credit card (Visa, MasterCard or Discover only).

The approximate hourly rate of personnel by skill level is:

Office Assistant $32.63
Legal Review $65.00
Police Dept. Personnel $27.50
Fire Dept Personnel $27.45


The exact rate will be provided in the estimated cost.

 

There are certain records that are exempt under FOIL (POL §87.2)

As of November 4, 2015, the City of Rye Records Access Officer for FOIL is the City Clerk and the Appellate Body is the City Manager.

When submitting a FOIL request, the record sought must be reasonably described and the request should not be too broad.  A request may be rejected that does not reasonably describe the record being sought. (e.g. “all records relating to…”). Limit each request to one set of records.

Upon submission of a FOIL request, the requestor will be provided with a tracking number for that request. There is an option for the requestor to create a user account that will allow them to keep track of all FOIL requests that they have submitted.  On the top right corner of the submission form there are two options: (1) Click here to Login, and (2) Click here to Register.  If you wish to create an account, click on the “Register” option and provide the information necessary to create an account.  If you have previously created a user account, click on the “Login” option; enter your account email address and password; and the FOIL intake form will populate with the information previously provided.

When a FOIL request is submitted the requestor will receive an email acknowledgment indicating that they can expect to receive a response within 20 business days.  The counting of the 20-day period will begin on the next business day after receipt of the request.  In certain circumstances when documents cannot be provided within the 20 day time period, the requestor will be provided with a projected date by which they can expect to receive the documents.

CLICK HERE TO CONTINUE ON TO FOIL REQUEST FORM