Slashdot Mirror
Report Claims a Third of FOIA Requests To the NYPD Go Unanswered
Daniel_Stuckey writes "Reporters Matt Apuzzo and Adam Goldman, who shared a Pulitzer last year as part of the Associated Press team covering the NYPD's surveillance activity, have summed it up perfectly: The NYPD doesn't answer document requests. "For the most part, they don't respond," Apuzzo told the Huffington Post. 'Even the NSA responds.' It's not just reporters who've noticed. New York City Public Advocate and mayoral candidate Bill de Blasio gave the police department a failing grade in an April report based on its dismal response rate to Freedom of Information requests. By de Blasio's analysis, nearly a third of requests submitted to NYPD go unanswered."
LAPD and NYPD are locked in an epic struggle to see which department can be a bigger waste of taxpayer money.
Should read:
"NYPD ignores the law"
since they're required to respond to these requests.
I'm sorry - my brain parsed that as "the Minority Report"...
Technically, there are no FIOA requests answered by any New York government office since the equivalent state law is abbreviated FOIL.
I am becoming gerund, destroyer of verbs.
The requests that go unanswered are either badly written (you know what I mean: smiley faces, horrible grammer, bad spelling, etc.) or would involve the department turning over information that would be questionable or even criminal in nature.
I think you misunderstand -- it's not that 1/3 don't get the information they're asking for... it's that they're unanswered. In other words, no "thank you for submitting your request X - it has tracking item Y" or "Your request has been examined by Officer X and has been deemed to be improperly submitted. Please follow the guidelines as made available here:" or "Thank you for your request. It has been examined, and we have determined that the information requested is not of a type made available by this department through FOIA requests." It doesn't take much of a tracking system to handle this; there are many out there that could do the job.
More likely it's a case of the department not being structured to actually handle FOIA requests, which means the ones that ARE answered are ones where the person who handles the inbox actually knows who to hand the request off to -- and no item tracking system is in place at all. Should be pretty easy to fix, if tehre's any incentive to do so (aside from it being illegal not to).
Refusals or demands for clarification qualify as 'answers'. Here, one third just disappear into a void, neither fulfilled nor denied.
File 13, the circular file.
Sent to recycling before processing.
Why are you surprised?
-- Tigger warning: This post may contain tiggers! --
In New Hampshire, our state equivalent to FOIA, RSA 91-A, requires that a government entity respond within 5 days to a right-to-know request or they can be hauled into court. RSA 91-A:4, IV. They don't have to provide the information within 5 days, but they at least have to respond saying they have received the request and either say how long it will take to comply with the request, or explain---under a very short list of enumerated exemptions in RSA 91-A:5---why the request is being denied. Denials themselves can of course be appealed. RSA 91-A:7. And RSA 91-A:8 authorizes the courts to award attorneys fees to the complainant if they're successful in demonstrating the agency violated the right-to-know law. Wilful violations by individual bureaucrats can even render them personally liable for all the court costs. RSA 91-A:8, IV.
New York's FOIA law doesn't have remedies similar to this?
Liberty in your lifetime