This week the Daily Freeman ran an article called Do Your Research which featured a letter from a citizen encouraging the community to avoid the political noise online and to do your own research and come to your own conclusions.
We agree! Let’s do it.
The Freedom of Information Law, known as FOIL, is a state law that gives every member of the public the right to access government records. In New York, that includes town, county, and state agencies. FOIL is a cornerstone of transparency, allowing residents to see how decisions are made, how funds are spent, and how government operates.
Under New York Public Officers Law, Article 6, agencies must make most records available upon request unless they fall under specific exemptions, such as personal privacy, law enforcement investigations, or attorney–client privilege. Every government body, from a small town office to the Governor’s agencies, is required to designate a Records Access Officer (RAO) to handle these requests.
Requests can be submitted by email, postal mail, or through third-party platforms such as MuckRock, which helps users track and publish FOIL requests. Using MuckRock also allows you to submit through their mailing address, keeping your personal contact information private. You do not need to identify yourself to make a FOIL request. New York State law does not require you to provide your name, address, or reason for the request.
How to Write a FOIL Request
A FOIL request should be clear and specific. Include enough detail for the agency to locate the records — dates, subjects, departments, or names if known. Requests do not need to be formal or legalistic. Try to be as detailed as possible without limiting yourself, it’s a delicate line but in the best interest of the public office, specificity will ease the request.
Use our template!
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
[insert language requesting documents, for example:]
Copies of any complaints, complaint logs, and investigation reports regarding the Meet Me in Marlborough Farmers Market on Route 9W in the Town of Marlborough, covering the period of March 1, 2021 through July 15, 2021. [specific date range]
This request includes, but is not limited to: [specific but not limiting]
– Copies of all complaints filed.
– Complaint logs maintained during this period.
– Records of any meetings, follow-up actions, or investigations related to the complaints.
– Reports, findings, or correspondence generated as a result of such complaints or investigations.[the below you can copy/paste as-is]
Unless expressly qualified, if any portion of this request is denied, please cite the specific statutory exemption upon which the denial is based. If any portion of this request does not exist, please provide certification that the records do not exist.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Feel free to add any of the below requirements as well, these aren’t required but are recommended best practices submitted by a reader:
Standard Applicability and Compliance Terms
Please construe this request broadly, consistent with FOIL’s presumption of access, and include any responsive records that:
1. Form & Format:
- Include all responsive records regardless of format, medium, or location, including those existing in electronic, printed, scanned, handwritten, or draft form.
- Include records maintained in any data system, email account, or device used for Town or agency business, regardless of ownership.
- Include records created, transmitted, stored, or relied upon using personal devices, private email accounts, or non-official messaging platforms, if such records relate to or were used or relied on in the course of Town or agency business.
2. Redaction & Production:
- If any portion of a record is withheld or redacted, please produce the record with redactions applied, even if little or nothing remains legible, to document its existence.
- Provide a privilege or exemption log identifying each record withheld or redacted, specifying the statutory basis for each exemption claimed.
- Redactions should be clearly marked, dated, and labeled with the applicable exemption code.
3. Search Obligation:
- This request applies to all officers, employees, contractors, or agents reasonably likely to have responsive materials, including shared drives and archived systems.
When using MuckRock, much of this language is included, you only need to include the request in the box before submitting.
Submitting Your Request
You can email your FOIL request directly to the Records Access Officer for each agency, mail it, or use MuckRock to submit and track your request online.
Town of Marlborough
Records Access Officer:
Colleen Corcoran, Town Clerk
Email: [email protected]
Mailing Address: RECORDS ACCESS OFFICER, Town of Marlborough, P.O. Box 305, Milton, NY 12547
Website: marlboroughny.us
Ulster County
Records officers vary per office, for a full list visit their website: FOIL Information – Ulster County
Taylor Bruck, County Clerk
Phone: (845) 340-3288
Mailing Address: Ulster County Clerk’s Office, 244 Fair Street, Kingston, NY 12401
Website: Transparency Center – Ulster County
Town of Newburgh
FOIL requests can be submitted online via their portal (MuckRock can handle a portal submission as well).
Records Access Officer:
Lisa M. Vance-Ayers, Town Clerk
Email: [email protected]
Mailing Address: Town Clerk’s Office, 1496 Route 300, Newburgh, NY 12550
Website: Town Clerk – Town of Newburgh
Town of Lloyd and Highland
Records Access Officer:
Wendy Rosinski, Town Clerk
Email: [email protected]
Mailing Address: Records Access Officer, 12 Church Street, Highland, NY 12528
Website: Town Clerk/Tax Collector | Lloyd, NY and FOIL Request Form
Submitting an Appeal
If an agency denies or ignores your FOIL request, you have the right to appeal the decision. Under New York Public Officers Law §89, an appeal must be filed within 30 days of the denial or lack of response. The appeal asks the agency’s Records Access Appeals Officer—a designated official separate from the clerk—to review the decision and determine whether the records should be released. Appeals must be submitted in writing by email or mail.
If the appeal is denied, the law requires the agency to explain the legal basis for withholding records, and you may then seek judicial review in State Supreme Court.
Sometimes, a record may be missed or not disclosed. You can also use an appeal to follow up and request the document you believe is missing, or request certification that the document doesn’t exist, which is why this sentence is included in our template:
If any portion of this request is denied, please cite the specific statutory exemption upon which the denial is based. If any portion of this request does not exist, please provide certification that the records do not exist.
Here’s an example of an appeal we successfully submitted:
Dear Clerk,
Thank you for your response. This email serves to challenge and appeal the Town’s denial of my Freedom of Information Law (“FOIL”) request on the ground that it was not submitted under a “legal name and address.”
Notwithstanding whether James Churchill is an ‘alias’, and as your legal counsel will no doubt be aware, the requirement of a legal name and address is an improper basis for the denial of a FOIL request.
I am kindly requesting that you identify the body or person designated to determine appeals of FOIL requests in the Town of Marlborough, the ‘appeals officer’, including their name, title, business address and business phone number.
Thank you for your time and attention to this matter.
Sincerely,
Jimmy @ FF
Founding Farmers remains committed to supporting transparency and informed participation in local government. Contact us anytime for guidance or assistance.
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