FOIL Requests

The New York State Freedom of Information Law (“FOIL”) provides the public with the right to access certain government records and is part of the New York State Public Officers Law.  See NY Public Officers Law §§ 84-90.

A request can be made pursuant to FOIL to examine or obtain copies of records that are maintained in some electronic or physical format.  If a record does not exist, FOIL does not mandate that the record be created. In addition, FOIL does not require an agency to answer questions about the record or certify as to the accuracy of the content of a record.  Additionally, certain records are exempt under FOIL, such as, but not limited to, records that would constitute an unwarranted invasion of an individual’s privacy if disclosed, would impair present or imminent contract awards or collective bargaining negotiations if disclosed, are inter-agency and intra-agency records, or are specifically exempted from disclosure by state or federal statute.

In accordance with the White Plains Municipal Code, the Mayor designates various individuals as records access officers.  FOIL requests must be directed to the department that maintains the requested documents and should be addressed to the appropriate records access officer. Listing of City of White Plains records access officers (PDF).

If more than five (5) business days are required to respond to a request, the request will be acknowledged within five (5) business days of receipt and estimate the date when a reply will be made. Once a response has been prepared, the records access officer will indicate the fees that will need to be paid prior to production of the documents, if any.  The fee for copying a record is $0.25 per page up to 9” x 14”. Larger records, or responses that require more than two hours to prepare, will be based on the actual cost of preparing the record for disclosure, which may include the cost of a storage device or media, the hourly salary for employee time used in preparing the record for disclosure, or the fee of an outside professional service engaged to prepare the record for disclosure.

To facilitate the public’s access to records pursuant to FOIL, the City has created a standardized form for submission to the appropriate city department, board or commission. FOIL request form.  Requests pursuant to FOIL may be sent via regular mail or facsimile to the department in question, or may be delivered in person. The Departmental Directory provides contact information for each city department. The request must reasonably describe the records being sought or it may be rejected.  If a request is denied, the reason for the denial will be provided.