Freedom of Information Law (FOIL)

The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access to records maintained by government agencies with certain exceptions.

Mail a written request to:

Commission on Prosecutorial Conduct
Attn: Susan Friedman
P.O. Box 90398
Brooklyn, NY 11209

or

Email a written request to: [email protected]

All requests shall be in writing and shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought. 

Within five business days of receipt of the request a response shall be provided regarding any request reasonably describing the record or records sought. The commission reserves the right to respond to inquiries or shall provide a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied within five business days of receiving the request. If the access to records is neither granted nor denied within 10 business days after the date of acknowledgement of receipt of a request, the record may be construed as a denial of access that may be appealed.

If the records access officer determines that the request for records is denied, the denial shall be in writing, stating the reason for the denial and advising the requestor of the right to appeal to the commission. 

If requested records are not provided, as required in Section 10401.5, this shall also be deemed a denial of access. 

The commission shall hear appeals for denial of access to records under the Freedom of Information Law (appeals to the Commission shall be submitted to the Administrator). 

Commission on Prosecutorial Conduct
Attn: Susan Friedman
P.O. Box 90398
Brooklyn, NY 11209
[email protected]

The requestor may appeal the denial within 30 days of such denial. 

The appeal must: 

1. Be in writing;
2. Set forth:
   1. The name and address of the requestor;
   2. The record(s) requested;
   3. The date of the denial;
   4. The reasons given for the denial; and
   5. Any other information the requestor deems relevant. 

The commission shall inform the requestor of its decision in writing promptly following its first meeting after receipt of the appeal. 

The commission shall transmit to the New York State Department of State Committee on Open Government copies of all appeals upon receipt of appeals. 

The commission shall notify the Committee on Open Government of its determination in writing promptly following its first meeting after receipt of an appeal.

The following is a current list of records, by subject matter, that are maintained by this agency. Some of the listed records may be exempt from disclosure pursuant to the Freedom of Information Law.

Subject Matter List

For more information about FOIL, please visit the New York State Committee on Open Government's website.

When submitting a FOIL request:

• Be as specific as possible in describing the requested records. Include relevant dates, names, descriptions, etc. See suggested language for a FOIL request from the Committee on Open Government.
• If records are available, specify how you want them sent, i.e., via US mail, email or fax. We may choose to send the records by U.S. mail, if you have requested a large volume of records, for security or other important reasons. We will notify you of any charge for reproducing such records before they are sent to you.
• Include your email, mailing address and fax number, as well as a telephone number where you can be reached during business hours, if it is necessary to clarify your request.
• Please note that the agency is not required to create a new record in response to FOIL requests.