FAQs

What is FOIL?

The Freedom of Information Law (FOIL) is shorthand for NY Public Officers Law, Article 6, Sections 84–90, which gives the public the right to access government records, with certain exceptions.

What should I include in my FOIL request?

To help the City locate records in an efficient manner, consider being specific in your request. Information you may wish to include in your request is the following: dates, names, departments, document types, and any other identifying information. Please also specify whether you want to inspect the records in person or receive copies. If you would like copies, please specify how you would like them to be delivered (via email, or via paper copy). The Committee on Open Government provides guidance on interpreting FOIL; it also maintains a website with suggestions for FOIL requests at the following site: https://opengovernment.ny.gov/request-records-email-sample.

Is there a cost to obtain records?

There is no initial cost to submit a records request. However, if there is a cost associated with fulfilling your request, you will receive notification of the estimated cost in writing.

If the records you request require a fee to be paid before you receive them, you will be notified of this fact before the records are released to you. Unless a different fee is otherwise prescribed by statute, Public Officers Law § 87(1) authorizes an agency to charge a fee of 25¢ per copy for copies of records up 9”x 14”, or the actual cost of reproducing a record (if the paper copies requested are larger than 9"x14", under Public Officers Law § 87(1)(b)(iii)). In determining the actual cost of producing a record, an agency may include only:

• an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare the requested record(s), if at least 2 hours of agency employee time is needed to prepare a copy of the record(s) requested;
• the actual cost of the storage devices or media provided to the person making the request in complying with such request; and
• the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency's information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy.

Once the requested records are prepared, you may receive the records via email, fax, paper, CD/DVD, or USB. 

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 requested record. 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 City 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, the City is permitted to deny access. See Public Officers Law § 89(3)(a), § 87(2)(b) and § 89(2)(b).

What if I just want commonly requested records?

Many City records may already be posted on the City of Ithaca’s website, such as meeting minutes, agendas, budgets, and land use plans. Check the City’s website first before filing a FOIL request. If you cannot find what you're searching for, please feel to contact the City Clerk's Office at 607-274-6570.

Can an agency deny my request because it is too broad or too vague?

Per the Committee on Open Government, "an agency may reject a request that does not 'reasonably describe' records. If the request is too vague to answer, the agency must seek clarification of the request, and when appropriate, indicate the manner in which records are filed, retrieved or generated. Also, the nature of an agency's filing or record retrieval system is relevant to whether a request reasonably describes records. If locating a record involves the equivalent of searching for a needle in a haystack, the request likely does not reasonably describe the record. In that instance, the agency should be contacted to learn how its records are kept or filed."

Can FOIL force the city to create a new record (like compile data that doesn’t already exist)?

No, FOIL does not require an agency to create new records. The City is only required to provide access to existing records.

How long will it take for the City to respond?

Under FOIL, an agency generally must respond within 5 business days by granting access to the requested records, denying access to the requested records, or acknowledging receipt of your request and providing an estimated time for production.

Who is the Records Access Officer for the City of Ithaca, and how do I contact them?

The City Clerk, Alan Karasin, is the designated Records Access Officer for the City of Ithaca. The City Clerk's business address is located at 108 E. Green Street, Ithaca, NY 14850. Their phone number is 607-274-6570, option 2.

What is the review process for disclosing information to the public?

The Records Access Officer works closely with the City Attorney's Office to ensure that citizens are provided access to all public records while private information is appropriately protected.

How do I appeal a determination of the Records Access Officer regarding a FOIL request?

If you wish to appeal a FOIL decision, you may do so in writing to the City Manager within thirty (30) days. You must send your written appeal to the City Manager's Office, located at 108 East Green Street, Ithaca, NY 14850. Please be advised that the City accepts FOIL appeals in hard copy only, delivered via regular mail or in person. The City will not process appeals sent via email.