request that may be appealed in accordance with §89(4)(a) of the Freedom of Information Law. That
provision states that an appeal must be made within thirty days of the denial. The appeal should be
made to the person designated by the agency to determine appeals or the chief executive or governing
body of the agency.
What happens if an agency fails to respond to my appeal?
The agency is required to respond to the appeal within ten business days of the receipt of the appeal by
granting access to the records or fully explaining the reasons for further denial in writing. See FOIL
§89(4)(b). If a determination on the appeal is not rendered within ten business days, the failure to do so
constitutes a denial of the appeal. In that circumstance, you may initiate a proceeding to challenge the
denial of access under Article 78 of the Civil Practice Law and Rules.
How much can I be charged for public records?
It depends. If you request paper copies, an agency may charge up to twenty-five cents per photocopy
up to 9”x14”. If the paper copies requested are larger than 9’x14’, the agency can charge the actual cost
of making the copies. See FOIL §87(1)(b)(iii).
If you request records to be transmitted electronically, and the agency maintains the records
electronically, there may be no basis for charging a fee. See FOIL §87(1)(b) and (c).
If you request a large volume of electronic records, the agency can charge the actual cost of reproducing
the records. When it takes an agency more than 2 hours to prepare, extract or generate electronic data,
the agency could charge for the employee’s time. See FOIL §87(1)(b) and (c).
If you request that paper records be scanned and forwarded to you electronically, please see the
following advisory opinions:18568, 18620.
Can I inspect records instead of paying the fees?
Yes. Any person has the right to inspect accessible records at no charge. If portions of the records may
be withheld, however, the agency is permitted to require payment for redacted copies of records. If
portions of electronic records can reasonably be redacted electronically, prior to disclosure, no payment
can be required for time needed to review the records and redact.
Do I have to give a reason why I want public records?
No. A person requesting records cannot be required to provide a reason or indicate the intended use of
the record might be. The only instance in which the purpose of a request is relevant is when the request
is for a list of names and residence addresses. Only in that instance is the agency authorized to seek
certification that the list will not be used for solicitation or fund-raising purposes; if it is determined that
a list will be used for those purposes, an agency can deny access. See
FOIL §89(3)(a), §87(2)(b) and §89(2)(b).
I asked a local government official a question about his office, but he didn't answer. What can I do to
make him answer?
The Freedom of Information Law pertains to records; it is not intended to be used as a vehicle for cross
examining government officials or employees. Therefore, an agency is not required to answer questions
or to create a new record in response to questions. While agency staff may answer questions, and many