Friday, October 14, 2011
Proof of Violation of NY FOIL laws by NYPD
The attached USPS tracking receipt proves that the appeal for the FOIL request regarding the facts of Sunny Sheu's death has been received by Jonathan David, NYP FOIL appeal officer. It documents that the NYPD has officially broken NY State FOIL laws in regard to the response to FOIL requests.
Specifically, under NY FOIL law 4. (a): Except as provided in subdivision five of this section, any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought. In addition, each agency shall immediately forward to the committee on open government a copy of such appeal when received by the agency and the ensuing determination thereon. Failure by an agency to conform to the provisions of subdivision three of this section shall constitute a denial.
1) None of the provisions in subdivision 5 apply to this request.
2) over ten days have passed since the receipt of this appeal
3) The NYPD did not merely deny the appeal, they failed to a) fully explain in writing to the person requesting the record the reasons for further denial; and b) failed to immediately forward to the committee on open government a copy of such appeal when received by the agency and the
ensuing determination thereon.
Hence, there cannot be any question that the NYPD is is in violation of NY's FOIL law
The NYPD has a long and shameful record of wanton violations of NY FOIL law:
NY Times v NYPD:
Recently The New York Times sued the NYPD, saying the department had routinely violated a state law that requires government agencies to provide information to the press and the public. According to Courthouse News, the aptly named Judge Jane Solomon
NYCLU v NYPD
Posted by JUSTICE FOR SUNNY SHEU at 8:58 PM