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087 Received by: Chris Masterson 0 Christine Fulton 0 Sue Rose ~ -L/tL/lL -=jfg7 2009-]0-16 JCM TOWN OF WAPPINGER Application for Public Access to Records FOIL REQUEST FOR INTERNAL USE ONLY Date Received: O~ WAPp _ '1A. .~.. ~~. . -:::..~, ,'0/ . '. '\:~~ '~~'~. .;:' c;..'. . f2f! ;,.\.... '. /jo..' ..., ' " A,. , .~~. ,.-..>.~\.+. 5S CO" FOIL Ser. #: DEPARTMENT: ASSESSOR ACCOUNTING CODE ENFORCEMENT PLANNING ZONING FIRE INSPECTOR HIGHWAY RECEIVER OF TAXES RECREATION SUPERVISOR TOWN CLERK WATER/SEWER 0 DOG CONTROL OFFICER 0 TOWN ENGINEER 0 TOWN ATTORNEY 0 o o o o o o o o o ~ FOR DEPARTMENT USE ONLY Date Received by Dept Department Head approval: +/~/~ dU'VI (init) .:L/ ~/ Jl Date Applicant Contacted: Date FOIL fulfilled or denied: ~ / J:e. / J..L Notes: ~h "\ 0CifV\ .3/~/1L ~WVes1t:l) toeJrlOf & 11 T Closed by: Date: Amount Due: L.. Pages for a total of $ "..-- Name: Address: o check here if you are requesting that the records be mailed to this address. Agency or firm: Telephone #: ( Email address: ) - FAX #: ( ) - SPECIFIC DESCRIPTION OF RECORD: ~i4~ FORMAT OF RECORD (if available) o I request to be notified when I can come to inspect the record( s) described above o I request copies of the records described above and agree to pay the cost of such records in accordance with the fee schedule on the back of this application o I request that the records be sent via e-mail to the address listed above o I request that the records be faxed to the number listed above Chris Masterson From: Sent: To: Subject: Doreentig@aol.com Wednesday, April 06, 2011 10:46 AM Chris Masterson FOil - Blanket bond or individual undertakings filed by Fire District(s) April 6, 2011 Records Access Officer: Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records containing the following information: Blanket Bond or individual undertaking(s) filed with the Wappinger Town Clerk by any Fire District Officer, including Fire District Treasurer, for 2010 and 2011 per New York Town - Article 11 - & 174 Fire District Officers (3). I request an electronic version of these records, either as a softcopy file emailed to me at DoreenTig@aol.com or faxed to me at 1-888-219-4965. If my request fails to reasonably describe the records, please contact me at this email address or by phone at 845-462-0235. If phoning, please leave a message. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed. Sincerely, Doreen Tignanelli 29 Colburn Drive Poughkeepsie NY 12603 1 Chris Masterson From: Sent: To: Cc: Subject: Chris Masterson Wednesday, April 06, 2011 1 :28 PM 'Doreentig@aol.com' Chris Colsey; Chris Masterson; Christine Fulton RE: FOIL - Blanket bond or individual undertakings filed by Fire District(s) Doreen, My office received your FOIL request for: "Blanket Bond or individual undertaking(s) filed with the Wappinger Town Clerk by any Fire District Officer, including Fire District Treasurer, for 2010 and 2011". Your request was assigned serial #87 of the year 2011. With respect to your request, the Freedom of Information Law pertains to agency records, such as those of a town, and 986(4) of the Law defines the term "record" expansively to include: "any information kept, held, filed, produced, reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes" As we spoke about over the past few weeks, there are no blanket bonds or individual undertakings filed at the Town by any Fire District within the Town for the years 2010 and 2011. In other words, you are requesting a record that doesn't exist at this time. Based on the fact that FOIL does not apply to records that do not exist and does not require an agency to create records that do not already exist, your FOIL request has been closed. While my interpretation of the Freedom of Information does not constitute this as a denial, you are welcome to file an appeal. Any appeals should be submitted to the Records Management Officer, 20 Middlebush Road, Wappingers Falls, NY 12590. The appeal will be forwarded to the Town Board and FOIL Appeals Officer. Please feel free to contact me if you have any questions. Chris Masterson, Town Clerk Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-5771 Office (845) 298-1478 Fax www.townofwaDDinaer.us From: Doreentig@aol.com [mailto:Doreentig@aol.com] Sent: Wednesday, April 06, 2011 10:46 AM To: Chris Masterson Subject: FOIL - Blanket bond or individual undertakings filed by Fire District(s) April 6, 2011 1 Records Access Officer: Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request records containing the following information: Blanket Bond or individual undertaking(s) filed with the Wappinger Town Clerk by any Fire District Officer, including Fire District Treasurer, for 2010 and 2011 per New York Town - Article 11 - S 174 Fire District Officers (3). I request an electronic version of these records, either as a softcopy file emailed to me at DoreenTig@aol.com or faxed to me at 1-888-219-4965. If my request fails to reasonably describe the records, please contact me at this email address or by phone at 845-462-0235. If phoning, please leave a message. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed. Sincerely, Doreen Tignanelli 29 Colburn Drive Poughkeepsie NY 12603 2