FOIL-AO-19243
From:	Freeman, Robert J (DOS)
      Sent:	Tuesday, February 03, 2015 3:40 PM
      To: 
      Subject:	request to NYC Dept of Parks and Recreation
      Attachments:	f15893.wpd
Hi - -
While going through the rubble on my desk, I found the response to your appeal concerning a FOIL 
      request made to the NYC Department of Parks and Recreation.  I recall that we began to discuss it, and 
      for whatever the reason, ended our conversation.
In my view, there is a statement in the response that is inconsistent with law, specifically, the assertion 
      that “FOIL applies only to records under the control of an agency; to the extent that you seek records 
      maintained on personal computers that are not under the control of Parks, Parks is under no obligation 
      to provide access to those records.”  Outside of New York City, there are innumerable small units of 
      local government, i.e., towns, villages and school districts; members of their governing bodies are not 
      generally full time and they do not work out of government offices.  On the contrary, often they 
      communicate from their homes with each other, with staff, and with their constituents using their 
      personally owned computers in carrying out their governmental functions.  That being so, this office has 
      long advised that those communications constitute “records” that fall within the coverage of 
      FOIL.  Whether they must be disclosed, as in all other instances, would be dependent on the content of 
      the records.
Attached is an opinion dealing with the issue in greater detail.  In the event that you can’t open it, a 
      second copy will be sent.
If you’d like to discuss the matter, please feel free to call.
Best,
      Bob Freeman
Robert J. Freeman
      Executive Director
      Committee on Open Government
      Department of State
      One Commerce Plaza
      99 Washington Avenue
      Albany, NY 12231
(518)474-2518 (p)
      (518)474-1927 (f)
      robert.freeman@dos.ny.gov
      www.dos.ny.gov/coog
FOIL-AO-f19243
      19243
 State of New York
State of New York