FOIL AO- 18781
From:	Freeman, Robert (DOS)
      Sent:	Tuesday, January 17, 2012 9:28 AM
      To:
      Cc:	
      Subject:	RE: Pickup refusing to certify that records do not exist as per NYS 
      Public Officers Law
Dear:
I agree with Ms. Wilson's response.  The accuracy of the assertion of an exception to rights of access is 
        subject to review via an administrative appeal, and perhaps thereafter, by a court. 
The provision in FOIL concerning certification relates to two circumstances:  first, when a copy is 
        requested and made available, the recipient may ask for a certification indicating that it is a true copy 
        of the record maintained by the agency (irrespective of whether the content of the record is 
        accurate); and second, when a request is made and the record sought cannot be located or is not 
        maintained by the agency, an applicant may seek a certification indicating that the record could not be 
        found after having engaged in a diligent search, or that the agency does not maintain the record.
I hope that the foregoing serves to clarify your understanding and that I have been of assistance.
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
        Website: www.dos.state.ny.us/coog/index/html
 State of New York
State of New York