PUBLIC ACCESS TO RECORDS OF THE
QUEENS COUNTY DISTRICT ATTORNEY’S OFFICE
1. Purpose and scope
2. Designation of records access officer
3. Location
4. Hours for public inspection
5. Requests for public access to records
6. Subject matter list
7. Denial of access to records
8. Fees
Section 1: Purpose and scope.
(a) These regulations provide information concerning the procedures by which records may be obtained.
(b) Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
Section 2: Designation of records access officer.
(a) The District Attorney, Richard A. Brown, is responsible for insuring compliance with the regulations herein, and designates the following person as records access officer:
Josette Simmons,
Assistant District Attorney
Records Access Officer
Queens County District Attorney’s Office
FOIL Unit
80-02 Kew Gardens Road
Kew Gardens, NY 11415
FOILUnit@queensda.org
(b) The records access officer is responsible for insuring appropriate agency response to public requests for access to records.
(c)The records access officer shall insure that agency personnel:
(1) Maintain an up-to-date subject matter list.
(2) Contact persons seeking records when a request is voluminous or when locating the records involves substantial effort, so that personnel may ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested.
(3) Upon locating the records, take one of the following actions:
(i) Make records available for inspection; or,
(ii) Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) Make a copy available upon payment of established fees or,
(5) Upon failure to locate records, certify that;
(i) The Queens County District Attorney’s Office is not the custodian for such records, or
(ii) The records of which the Queens County District Attorney’s Office is a custodian cannot be found after diligent search.
Section 3: Location.
Certain records shall be available for public inspection and copying at:
Appeals Bureau - FOIL Unit
80-02 Kew Gardens Road - 8th Floor
Kew Gardens, New York 11415
Section 4:Hours for public inspection
Requests for on-site inspection of records must be in writing. Available records will be produced during a scheduled appointment during regular business hours. These hours are:
9:00 a.m. - 5:00 p.m.
For the purpose of making an appointment, please contact:
Josette Simmons
Assistant District Attorney
Records Access Officer-FOIL Unit
Queens County District Attorney’s Office
80-02 Kew Gardens Road
Kew Gardens, New York 11415
718-286-5948
FOILUnit@queensda.org
Section 5 Requests for public access to records:
(a) All requests must be made in writing.
(b) This agency does not maintain records on the internet, as such, only hard copies of documents are available.
(c) A response shall be given within five business days of receipt of a request.
by:
(1) acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than twenty business days after the date of the acknowledgment, or if it is known that circumstances prevent disclosure within twenty business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part;
(2) granting or denying access to records in whole or in part;
(d) A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed.
Section 6: Subject matter list.
(a) The Records Access Officer shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to subdivision two of Section eighty-seven of the Public Officers Law.
Section 7: Denial of access to records.
(a) Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to our FOIL Appeals Officer, who shall be identified by name, title, and business address.
(b) If requested records are not provided promptly, as required in Section 5 of these regulations, such failure shall also be deemed a denial of access.
(c) The following person or persons or body shall determine appeals regarding denial of access to records under the Freedom of Information Law:
Gary Fidel
Executive Assistant District Attorney
Freedom of Information Law Appeals Officer
Queens District Attorney’s Office
80-02 Kew Gardens Road
Kew Gardens, NY 11415
FOILUnit@queensda.org
(d) Any person denied access to records may appeal within thirty days of a denial.
(e) The time for deciding an appeal the FOIL Appeals shall commence upon receipt of a written appeal identifying:
(1) the date and location of requests for records;
(2) a description, to the extent possible, of the records that were denied; and
(3)the name and return address of the person denied access.
(f) A failure to determine an appeal within ten business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.
(g) The FOIL Appeals Officer shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, NY 12231
(h) The FOIL Appeals Officer shall inform the appellant and the Committee on Open Government of its determination in writing within ten business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth subdivision (f) of this section.
Section 8 Fees.
(a)There shall be no fee charged for:
(1)inspection of records;
(2) search for records; or
(3)any certification pursuant to this part.
(b) The fee for copying records is 25 cents per page for photocopies not exceeding 9 by 14 inches.
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