STATE or NEW YORK OEEICE oE THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN BARBARA D. UNr)ERwoo1:> ATTORNEY GENERAL Soucrron GENERAL Telephone (518) 473-2533 March 13, 2014 Mr. Justin Elliott ProPub1ica One Exchange Plaza 55 Broadway, 23rd Floor New York, NY 10006 Re: Appeal re: Freedom of Information Law Request 130777 Dear Mr. Elliott: I write in response to your February 124, 2014 administrative appeal letter in the above- referenced Freedom of Information Law (FOIL) matter. Background By correspondence dated November 26, 2013, you requested: all written correspondence, including but not limited to email, letters, faxes, memos or meeting minutes, dated between January 1, 2007, and Dec 31, 2010, exchanged between any employee or official of the Office of the Attorney General and Howard Glaser, the -time was a=consul1tantvvorking for'vai'fious financial institutions.? I I I am requesting copies of the entire correspondence in relevant searches, including any documents or attachments that were included or forwarded. Emails should include but not be limited to electronic correspondence transmitted via computer, laptop, Blackberry, iPhone and other email devices, and should include but not be limited to any emails in which the targeted subjects were the direct recipients, CC recipients, BCC recipients and or listserv recipients. I The Records Access Officer responded to you by letter dated February 21, 2014. He advised you that a diligent Search by the Office of the Attorney General (OAG) was conducted to THE CAPITOL, ALBANY, NEW YORK 122240341 - PHONE (518) 474-7201 - 473-8963 FOR SERVICE OF PAPERS http://ag. ny.gov Mr. Elliott Appeal of FOIL Request 130777 Page 2 locate the requested documents. He further advised you that records or portions of responsive records were withheld because disclosure would constitute an unwarranted invasion of personal privacy pursuant to Public Of?cers Law 87(2)(b) or because they are exempt from disclosure as intra-agency materials pursuant to Public Of?.cers Law You appeal, stating that because Mr. Glaser was working in the private sector as a mortgage industry consultant, written communications between employees of the OAG and Mr. Glaser would not constitute intra-agency communications. You also appeal on the basis that the personal privacy exemption does not apply to individuals acting in their professional or business capacity rather than their personal capacity and Mr. Glaser likely was corresponding with employees of the OAG in his professional capacity. Analysis Your request was properly denied. Twelve emails were properly withheld as inter? or intra-agency materials that are not statistical or factual tabulations or data, instructions to staff that affect the public, final agency policy or determinations, or external audits. Mr. Glaser served in the capacity of a consultant to the OAG with respect to these emails. As such, these emails are exempt pursuant to Public Officers Law See Matter of Xerox Corp. v. Town of Webster, 65 131, 133 (1985); Herrzarzdez v. Office ofthe Mayor of the City of N. Y., 100 555 (151 Dep?t 2012). A portion of one additional email was properly withheld as intra-agency material that is not statistical or factual tabulations or data, instructions to staff that affect the public, final agency policy or determinations, or external audits pursuant to Public Of?cers Law See Matter of Tuck?It?Away Assoc. v. Empire State Dev. Corp, 54 154 (1st Dep?t 2008). The remainder of that email related to an individual, not Mr. Glaser, as a potential applicant for employment that was not pursued. That portion of the email was properly withheld because disclosure would constitute an unwarranted invasion of that individual?s privacy pursuant to Public Officers Law 87(2)(b) and 89(2). This is a ?nal agency determination. Please be advised that you may bring a C.P.L.R. article 78 proceeding with respect to this determination within four months of receipt of this letter. Public Of?cers Law C.P.L.R. 217. Sincerely, SH Records Appeals Of?cer cc: Committee on Open Government Bruce Feldman, AAG