Freedom of Information Law (FOIL)

The Freedom of Information Law was created to allow citizens the opportunity to review records and actions of its state and local governments in an effort to ensure that the government is responsive and responsible to the public. As a state agency, SUNY Oneonta is subject to the Freedom of Information Law.

A person, outside agency, or group may request information from SUNY Oneonta by writing or emailing a request to the Records Access Officer. The request must reasonably describe the record or records that are being requested. The request shall be as specific as possible, describing as appropriate, dates, titles, files, and designations.

Within five business days of receipt of your e-mail or letter, SUNY Oneonta will respond to your request for records with a written acknowledgement of the receipt of such request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request will be granted or denied. The law allows SUNY Oneonta up to 20 business days to respond. If more than twenty (20) additional business days is needed, the university will provide an explanation and a date certain within which it will grant or deny the request in whole or in part. That date, too, must be reasonable in consideration of the facts.

Current lists by subject matter of all records that may be in the possession of the State University of New York, whether or not available under the Freedom of Information Law, are available at the following links:

• State University of New York Records Retention and Disposition Schedule
• NY State General Retention and Disposition Schedule for New York State Government Records

Under the Freedom of Information Law, there is a presumption of access. Records (or portions of records) may only be denied if they fall under specific exceptions as outlined in Public Officers Law §87(2).

Because of the number of offices across campus, you should submit a request to the Records Access Officer. After the records are obtained and are determined to be accessible, the Records Access Officer will make the available to you at an appropriate time. It may also be possible to electronically send them to you or mail them pending a charge for photocopying.

An agency may charge up to twenty-five ($0.25) cents per photocopy not in excess of nine by fourteen inches, or in the case of records that cannot be photocopied, the actual cost of reproduction (for example, photographs, computer disks, tape recordings, etc.), unless otherwise prescribed by statute. With few exceptions, an agency cannot charge for search or clerical time. An agency cannot charge for records transmitted via email. Any person has the right to inspect accessible records at no charge. If portions of the records may be withheld, however, the agency is permitted to require payment for redacted copies of records. If portions of electronic records can reasonably be redacted electronically, prior to disclosure, no payment can be required.

Denial of access will be in writing or by email, stating the reason. Any person, group, or agency who feels that a request has been denied unfairly may appeal within 30 days to:

Kellie Dupuis
FOIL Appeals Officer
Associate Counsel
State University of New York, State University Plaza
Albany, New York 12246

Sample Email Requesting Records Under the NY State Freedom of Information Law (FOIL)

This is a draft of an email message that may be used to request records or information from SUNY Oneonta.

This form language is optional but may enhance your use of the Freedom of Information Law. You may choose to utilize certain portions that are most applicable to your request. You may cut and paste the entire form into a new email, read all provisions, and delete and/or modify those that do not apply.

Please send your email to Dia Carleton, FOIL@oneonta.edu and include in your subject line of your request "FOIL Request".

REQUEST FOR RECORDS BY EMAIL*

Dear Records Access Officer:

(1) Please email the following records if possible [Include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.]:

(2) Please advise me of the appropriate time during normal business hours for inspecting the following records prior to obtaining copies [Include as much detail about the records as possible, including relevant dates, names, descriptions, etc.].

(3) Please inform me of the cost of providing paper copies of the following records [Include as much detail about the records as possible, including relevant dates, names, descriptions, etc.].

(4) If all the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).

(5) If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD.

(6) If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated. If it is necessary to modify my request, and an email response is not preferred, please contact me at the following telephone number [Include a phone number to be reached at during the business hours of 8:00a.m. to 4:30p.m., Monday thru Friday].

If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.

[Name]
[Address, if records are to be mailed]

* Please fill in the areas above that are in [ ] and then send it to Dia Carleton, Records Access Officer, via email: FOIL@oneonta.edu .

Sample Letter Requesting Records Under the NY State Freedom of Information Law (FOIL)

This is a draft of a letter that may be used to request records or information from SUNY Oneonta.

[Date]

Dia Carleton
Sherman Hall, 0327A
SUNY Oneonta
108 Ravine Parkway
Oneonta, NY 13820

Re: Freedom of Information Law Request

Dear Records Access Officer:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records or portions thereof pertaining to [please attempt to identify as clearly as possible the records that you are interested in].

If there are any fees for copying the records requested, please inform me before filling the request, OR (please supply the records without informing me if the fees are not in excess of $[dollar amount]).

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly.

If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

Sincerely,

[Signature]
[Name]
[Address]
[City, State Zip Code]

* Please fill in the areas above that are in [brackets] then return it to the address listed above.