Tuesday, April 5, 2016

The address of FOIL appeals officer in the New York State Department of State was disclosed

Here is the name and address of the officer assigned to review appeals of denials or constructive denials of FOIL requests by the New York State Department of State.

The initial response of the NYS DOS FOIL officer to my request of the name and address of appeals officer was that she did not deny my FOIL request, just asked for payment:


Helen Wilbard, who is not an attorney (I checked on the website of attorney registration with the New York Unified Court System), purported to give me legal advice (something that I would have been prosecuted for, but she never will be, because she works for New York State government).

Ms. Wilbard stated that:

1) my FOIL request "was not denied at all" - and then 
2) restated some (not all) of her prior restrictions:

   a) that I must pay a flat fee per document;
   b) and that I must request only paper copies ("plain" or "certified").

I asked for copies to be sent to me digitally, for free, to my e-mail address.

There should be no policy prohibiting this.

If plain copies of documents are provided, nothing precludes me to scan them, once I receive them, or to disseminate them, since they are public records.

Thus, nothing precludes the New York State Department of State to scan them and send them to me by e-mail in the first place.

After I just repeated my request to Ms. Wilbard, to send the name and address of the appeals officer assigned by the New York State Department of State to review administrative appeals from denials of FOIL requests, it was finally provided to me.

Here it is:



So, the NYS Department of State FOIL appeals officer is Daniel Shapiro, an attorney.


No comments:

Post a Comment