Freeman, Robert (DOS)
Thursday, September 15, 2011 9:08

Good Morning - -

I do not believe that opinions have been prepared that deal with the impact of natural disasters on FOIL. From my
perspective, what is reasonable would be dependent in this instance on the nature and extent of the damage. If, due to damage, no mail is being received or sent, or if offices are closed, a suspension of submission of FOIL requests might be reasonable. On the other hand, if the agency has the ability to function, I believe that it must accept FOIL requests and respond in a manner consistent with ยง89(3){a) of FOIL. If more than twenty business days from the receipt of a request will be needed to grant a request in whole or in part, an agency is required to indicate a "date certain", a self-imposed deadline, informing an applicant of when it will do so.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927