FOIL requests are invaluable for obtaining records that contain agency policies and/or other instructions that affect the public.
A FOIL request need only "reasonably describe" the records being sought. See Public Officers Law § 89[3](a). The agency's Records Access Officer is charged "to assist persons in reasonably describing records." 21 NYCRR § 1401.2(b)(2). The agency must conduct a diligent search for reasonably described records. See Public Officers Law § 89[3](a); 21 NYCRR § 1401.2(b)(7)(ii).
Be as precise as possible in describing the requested records. Cite the names and/or filing references of the records being sought if you know them. If you don't know them, reasonably describe what you are seeking.
Example
You are preparing for a Fair Hearing regarding the budgeting of two Public Assistance (PA) recipients who share the same dwelling. You are familiar with the state regulation, 18 NYCRR § 352.32(e), but you want additional guidance.
1. If you need copies of specific records, your FOIL request might be limited, for example, to the following:
85 ADM-9 and the July 2, 1984 letter re: Danks v Perales.
2. If you were unaware of these specific guidance documents, you might seek:
All policy materials pertaining to Public Assistance cooperative budgeting.
This latter request might result in the production of:
• 18 NYCRR § 352.32(e),
• relevant section of the Temporary Assistance Source Book, and/or
• relevant Administrative Directives (such as 85 ADM-9, 85 ADM-51 and 05 ADM-2 ), Informational Letters, Local Commissioner Memoranda, General Information System (GIS) Messages and/or "Dear Commisisoner" letters to local social services districts (including the June 25, 1984 and July 2, 1984 letters regarding Danks v Perales).
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