THE PAUL PLANTE STORY

thelivyjr
Site Admin
Posts: 49461
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

thelivyjr wrote: Wed Apr 20, 2022 1:40 p As to the silly games the corrupt New York State Department of Environmental Conservation plays to thwart New York State Public Officers Law § 84, which provides in clear and unambiguous statutory language that "a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions," so that, "the more open a government is with its citizenry, the greater the understanding and participation of the public in government," and to further thwart "the people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations" being basic to our society, while denying that "that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article," here is a prime example:

30 March 2022

Dear Paul R.:

Thank you for your Freedom of Information Law (FOIL) request.

Your request has been received and is being processed.

Your request was received in this office on 3/30/2022 and given the reference number FOIL #W098850-033022 for tracking purposes.

You may expect the Department's response to your request no later than 4/28/2022.

Record Requested: Any and all records related to a site investigation, conducted in accordance with Appendix 3A of NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL REMEDIATION TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION CHAPTER 3 SITE CHARACTERIZATION and REMEDIAL INVESTIGATION, 3.1 Site Characterization and Remedial Investigation, for PFOA containment at the Algonquin School in the Town of Poestenkill, Rensselaer County; and Any and all records related to a site investigation, conducted in accordance with Appendix 3A of NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL REMEDIATION TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION CHAPTER 3 SITE CHARACTERIZATION and REMEDIAL INVESTIGATION, 3.1 Site Characterization and Remedial Investigation, for PFOA containment at the Waste Management Facility in the Town of Poestenkill, Rensselaer County.

April 18, 2022 at 2:56 PM

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Mr. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 5/5/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

If you have any questions in the interim, please call the FOIL Unit at (518) 402-9522 and refer to FOIL request #W098850-033022, or simply reply to this email.

Thank you.

Sincerely,

Records Access

April 29, 2022 at 3:15 PM

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Paul R. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 5/27/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

If you have any questions in the interim, please call the FOIL Unit at (518) 402-9522 and refer to FOIL request #W098850-033022, or simply reply to this email.

Thank you.

Sincerely,

Records Access

thelivyjr wrote: Wed Jun 29, 2022 1:40 p May 27, 2022 at 2:10 PM

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Paul R. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 7/29/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

If you have any questions in the interim, please call the FOIL Unit at (518) 402-9522 and refer to FOIL request #W098850-033022, or simply reply to this email.

Thank you.

Sincerely,

Records Access

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Paul R. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 8/29/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

If you have any questions in the interim, please call the FOIL Unit at (518) 402-9522 and refer to FOIL request #W098850-033022, or simply reply to this email.

Thank you.

Sincerely,

Records Access
thelivyjr
Site Admin
Posts: 49461
Joined: Thu Aug 30, 2018 1:40 p

Re: THE PAUL PLANTE STORY

Post by thelivyjr »

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov

RE: PUBLIC RECORDS REQUEST of 7/2/2022, Reference # W103324-070222

Date: 08/02/2022

Dear Paul R. Plante,

I write in response to your Freedom of Information Law (FOIL) request seeking:

Any and all records as that term is defined in New York State Public Officers Law § 86(4) related to a briefing on 21 September 2021 Poestenkill Town residents heard by state Department of Environmental Conservation officials about the PFAS situation in Poestenkill as was stated in an Albany Times Union story on 22 September 2021 titled "Rensselaer County expands PFOA testing in Poestenkill" by Kenneth C. Crowe II.

Please be advised that a diligent search of the files maintained by DEC produced no responsive records.

If you believe you have been unlawfully denied access to responsive records, you have the right to appeal.

Any such appeal must be submitted in writing and within thirty (30) days of the date of this email.

Appeals must be directed to:

FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500

Your FOIL request is now closed.

If you need further assistance, please contact the FOIL Unit at (518) 402-9522 and reference FOIL #W103324-070222, or simply reply to this email.

Thank you.

Sincerely,

Records Access
thelivyjr
Site Admin
Posts: 49461
Joined: Thu Aug 30, 2018 1:40 p

Re: THE PAUL PLANTE STORY

Post by thelivyjr »

2 AUGUST 2022

Kristin O’Neill
Assistant Director
New York State Committee on Open Government
One Commerce Plaza, Albany, NY 12231

RE: FOIL is a farce; NYSDEC and NYSDOH make a mockery of FOIL; Intentional abuse of FOIL

Dear Assistant Director O’Neill:

I am writing to you as a citizen of the state of New York who is also licensed as a professional engineer to put in a complaint concerning what I believe to be an intentional abuse of FOIL by both the NYSDEC and the NYSDOH concerning records related to what is alleged to be an investigation of how PFAS came to be in the groundwater of the town of Poestenkill, Rensselaer County, which intentional abuse makes a mockery out of the Freedom of Information Law by both agencies to cover up and whitewash neglect of duty on their parts as well as to protect politically powerful Waste Management of New York, LLC, which corporation is permitted by NYSDEC to operate an industrial scale garbage transfer station at the intersection of NY Routes 66 and 351 in Poestenkill.

According to New York State Public Officers Law § 84, which the NYSDEC and NYSDOH are making a mockery of, it provides in clear and unambiguous statutory language that "The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions," so that, "The more open a government is with its citizenry, the greater the understanding and participation of the public in government."

With respect to this complaint, in New York State Public Officers Law § 84, the legislature further stated that "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society," so that "Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality."

In New York State Public Officers Law § 84, the legislature concluded by stating that, "The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article."

By way of background, on 2 June 2022, the Advertiser, a local Rensselaer County newspaper serving the area in the Town of Poestenkill, Rensselaer County, proximate to the Algonquin Middle School and the NYSDEC-regulated Poestenkill transfer station at the intersection of Rtes. 66 and 351 affected by PFAS in our groundwater, carried a Letter to the Editor by NYSDEC employee Eric Hausamann, NYSPE 072068, which Letter to the Editor was titled “Poestenkill PFAS Investigation Update,” wherein the residents of Poestenkill were informed as follows, to wit:

The New York State Departments of Environmental Conservation (DEC) and Health (DOH) are working directly with Rensselaer County and the Town of Poestenkill using a coordinated, science-based approach to investigate the source of PFAS contamination in drinking water in the community.

end quote

Now, speaking as a licensed professional engineer further qualified as a public health engineer at the associate level who has a great deal of experience with investigations by the NYSDEC and NYSDOH, if in fact there was an investigation, that investigation would have been in accordance with specific procedures as laid out in regulations, and thus, there should be a paper trail that I as a licensed engineer am entitled to review and audit.

Given that I believe this so-called investigation is in fact a farce, I have been using FOIL as a means of proving so by looking for what is missing from the record, which is where the abuse by NYSDEC and NYSDOH comes in, which takes us to the NYSDEC response to my Public Records Request of 6/1/2022, Reference # W101910-060122 on 06/27/2022, as follows, to wit:

Dear Paul R. Plante,

I write in response to your Freedom of Information Law (FOIL) request seeking:

Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with NYSDEC Commissioner Basil Seggos deputizing or otherwise making the Town of Poestenkill a "partner" of the NYSDEC in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.

Please be advised that a diligent search of the files maintained by DEC produced no responsive records.

end quotes

That is with respect to published claims by the NYSDEC that the Town of Poestenkill, which has no jurisdiction in this matter, is somehow a "partner" of the NYSDEC, so that FOIL response proved beyond a shadow of a doubt that that claim by NYSDEC was a falsehood intended to mislead the public in Poestenkill who would not know better, and thus, in that case, FOIL served by purpose quite well, which is to expose these falsehoods to the public being intentionally misled by NYSDEC to cover up their neglect of duty in this matter.

Next we come to the 06/27/2022 NYSDEC response to my Public Records Request of 6/1/2022, Reference # W101909-060122, which response shows the same result with respect to false claims by the NYSDEC that the Rensselaer County Department of Health is a "partner" of the NYSDEC, to wit:

Dear Paul R. Plante,

I write in response to your Freedom of Information Law (FOIL) request seeking:

Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with NYSDEC Commissioner Basil Seggos deputizing or otherwise making the Rensselaer County Department of Health a "partner" of the NYSDEC in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.

Please be advised that a diligent search of the files maintained by DEC produced no responsive records.

end quotes

So once again, FOIL served my purpose by exposing the falsity of that statement by NYSDEC again intended to mislead the residents of Poestenkill who do not and would not know better that they are being lied to by the NYSDEC, because Rensselaer County is and has been a health district pursuant to the New York State Public Health Law since 1946, and the Rensselaer County Health Department which has jurisdiction in that health district is not and never has been a "partner," a stupid term, of the NYSDEC.

And the same was the case with my Public Records Request of 6/1/2022, Reference # W101908-060122 with respect to false claims by the NYSDEC that the New York State Department of Health is its "partner," to wit:

Dear Paul R. Plante,

I write in response to your Freedom of Information Law (FOIL) request seeking:

Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with NYSDEC Commissioner Basil Seggos deputizing or otherwise making the NYSDOH a "partner" of the NYSDEC in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.

Please be advised that a diligent search of the files maintained by DEC produced no responsive records.

Sincerely,

Records Access

end quotes

And once again, we see FOIL serving my purpose of exposing the fraudulent nature of this so-called "investigation" which in fact is a whitewash and cover-up.

So there, thanks to FOIL, we have concrete evidence from the NYSDEC’s own files and records that when NYSDEC employee Eric Hausamann, NYSPE 072068, published a letter in the 2 June 2022 Advertiser titled “Poestenkill PFAS Investigation Update” claiming therein that the “New York State Departments of Environmental Conservation (DEC) and Health (DOH) are working directly with Rensselaer County and the Town of Poestenkill using a coordinated, science-based approach to investigate the source of PFAS contamination in drinking water in the community,” he was intentionally putting forward a falsehood on behalf of NYSDEC to mislead the unsuspecting public in the Town of Poestenkill who would not know they were being given false information by NYSDEC employee Eric Hausamann, NYSPE 072068, who signed that letter as a P.E., thus using his license to practice as a professional engineer in New York State in a vain effort to legitimize an intentional falsehood, which is fraud and dishonesty, and that brings us to the basis of this complaint which can be seen in this series of responses from the NYSDEC to my 3/30/2022 Public Records Request given the reference number FOIL #W098850-033022 for tracking purposes, to wit:

30 March 2022

Dear Paul R.:

Thank you for your Freedom of Information Law (FOIL) request.

Your request has been received and is being processed.

Your request was received in this office on 3/30/2022 and given the reference number FOIL #W098850-033022 for tracking purposes.

You may expect the Department's response to your request no later than 4/28/2022.

Record Requested: Any and all records related to a site investigation, conducted in accordance with Appendix 3A of NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL REMEDIATION TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION CHAPTER 3 SITE CHARACTERIZATION and REMEDIAL INVESTIGATION, 3.1 Site Characterization and Remedial Investigation, for PFOA containment at the Algonquin School in the Town of Poestenkill, Rensselaer County; and Any and all records related to a site investigation, conducted in accordance with Appendix 3A of NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL REMEDIATION TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION CHAPTER 3 SITE CHARACTERIZATION and REMEDIAL INVESTIGATION, 3.1 Site Characterization and Remedial Investigation, for PFOA containment at the Waste Management Facility in the Town of Poestenkill, Rensselaer County.

Office of General Counsel

end quotes

Now, here it has to kept in mind that the residents of Poestenkill were first appraised of this so-called "investigation" by NYSDEC Executive Deputy Commissioner Sean Mahar in a public meeting in the Town of Poestenkill that I personally attended as a resident of the town on 27 September 2021, which meeting was memorialized in a WAMC Northeast Public Radio article by Dave Lucas published September 28, 2021, and titled "Residents Of Poestenkill Discuss PFOA-Contaminated Drinking Water" wherein was stated as follows, to wit:

DEC Chief of Staff Sean Mahar: "We appreciated the opportunity to join Poestenkill residents last night to provide an update on our ongoing actions to address PFAS compounds found in the Algonquin Middle School's water supply."

"Since those low level detections were found in January, state experts from DEC and DOH have worked with the Rensselaer County Health Department to develop a science based plan of action and implement that on the ground."

"That work very much is underway right now and we look forward to keeping the community updated as our efforts advance."

end quote

That community meeting was further memorialized in a WNYT-TV article titled "Poestenkill residents decry 'slow progress' in PFOA probe" by WNYT Staff on September 28, 2021, to wit:

POESTENKILL - With chemicals in their drinking water, the angst came bubbling to the surface during a standing room only meeting Monday night in Poestenkill.

"I hope many residents learned tonight the actual scientific process that we have underway here tonight," said Sean Mahar, chief of staff at the Department of Environmental Conservation.

"That was part of what we wanted to accomplish tonight, to give them an idea of how our experts are approaching this situation."

end quotes

And in an article titled "This Rensselaer County community wants answers on PFOA contamination" by Kenneth C. Crowe II of the Times Union on September 28, 2021, we had this, to wit:

POESTENKILL – Rensselaer County and state agencies are methodically expanding their study of PFOA contamination near the Algonquin Middle School, but residents want a more intense study that will test more wells and find the source of the chemical that studies show could cause cancer.

Sean Mahar, DEC chief of staff, reiterated that the testing is following where the science leads it.

end quotes

With respect to this complaint, I would draw your attention to the phrase "Rensselaer County and state agencies are methodically expanding their study of PFOA contamination near the Algonquin Middle School," which would mean that as of 27 September 2021, there already was an on-going investigation, and hence, there should have been records in the files of the NYSDEC concerning that so-called "investigation," especially in light of the statement by Sean Mahar of the NYSDEC that "the testing is following where the science leads it."

With respect to this complaint, if in fact that had been any kind of “coordinated, science-based approach to investigate the source of PFAS contamination in drinking water in the community” in Poestenkill, those records should have been right at hand in the files of the NYSDEC, and it was those records that should have been in existence on 27 September 2021, that I have been seeking through FOIL, which takes us to the following from NYSDEC on April 18, 2022 at 2:56 PM relative to that same request for "Any and all records related to a site investigation, conducted in accordance with Appendix 3A of NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL REMEDIATION TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION CHAPTER 3 SITE CHARACTERIZATION and REMEDIAL INVESTIGATION, 3.1 Site Characterization and Remedial Investigation, for PFOA containment at the Algonquin School in the Town of Poestenkill, Rensselaer County; and Any and all records related to a site investigation, conducted in accordance with Appendix 3A of NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL REMEDIATION TECHNICAL GUIDANCE FOR SITE INVESTIGATION AND REMEDIATION CHAPTER 3 SITE CHARACTERIZATION and REMEDIAL INVESTIGATION, 3.1 Site Characterization and Remedial Investigation, for PFOA containment at the Waste Management Facility in the Town of Poestenkill, Rensselaer County," as follows:

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Mr. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 5/5/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

Thank you.

Sincerely,

Records Access

end quotes

So with respect to records which should have been in existence and ready at hand as of 27 September 2021,184 days before my 3/30/2022 FOIL request, and which I was first promised would be available no later than 4/28/2022, which is now 213 days later, that was followed up by another response from NYSDEC on April 29, 2022 at 3:15 PM relative to that same request for records, as follows:

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Paul R. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 5/27/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

Thank you.

Sincerely,

Records Access

end quotes

That is now 242 days later for records which should have been ready to hand as of 27 September 2021.

And that was followed up by yet another NYSDEC response on May 27, 2022 at 2:10 PM, again relative to that same request for information, to wit:

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Paul R. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 7/29/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

Thank you.

Sincerely,

Records Access

end quotes

So now we are out to 305 days, which brings us to this response from the Office of General Counsel that I received on July 27, 2022 with respect to that same FOIL request, to wit:

RE: PUBLIC RECORDS REQUEST of 3/30/2022, Reference # W098850-033022

Dear Paul R. Plante,

In regard to your Freedom of Information Law (FOIL) request, be advised that DEC is continuing to process your FOIL request.

We estimate that DEC will complete its process by 8/29/2022.

We will notify you in writing when/if the responsive materials are available for release or if more time is required to complete your request.

If you have any questions in the interim, please call the FOIL Unit at (518) 402-9522 and refer to FOIL request #W098850-033022, or simply reply to this email.

Thank you.

Sincerely,

Records Access.

end quotes

So now we are out to 336 days for records which should have been ready to hand on 27 September 2021, which is patently ridiculous, and can only be construed as stalling, and hence this complaint to your office, since it is a waste of time discussing the matter with NYSDEC.

As to NYSDOH, on June 2, 2022, I received this response, to wit:

Thank you for submitting your FOIL request through Open FOIL NY.

Here is your Open FOIL NY confirmation information for future reference:

PLANTE_DOH_20220602054908524

INFORMATION SUBMITTED:

Records Requested From Department of Health:

Short title: Records related to deputizing NYSDEC, RCHD and Poestenkill as partners in Poestenkill PFAS investigation

Description:

I. Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with the NYSDOH Commissioner deputizing or otherwise making the NYSDEC a "partner" of the NYSDOH in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.

II. Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with the NYSDOH Commissioner deputizing or otherwise making the Rensselaer County Department of Health a "partner" of the NYSDOH in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.

III. Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with the NYSDOH Commissioner deputizing or otherwise making the Town of Poestenkill a "partner" of the NYSDOH in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.


Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request.

Please allow up to five business days for such communication(s).

For your convenience, here is additional contact information:

Department of Health
Corning Tower
Room 2364
Albany, NY 12237-0044

end quotes

As of this date, there has been no response from the NYSDOH, which indicates to me they are simply ignoring that request, which they can do with impunity, given that in this state FOIL is nothing more than a joke.

Hence this complaint to your office.

Thanking you in advance for your attention to this matter, I remain

Respectfully,

Paul R. Plante, NYSPE
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

3 AUGUST 2022

NYS Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231

RE: Intentional abuse of FOIL by NYSDEC and NYSDOH

Mr. Plante,

The Committee on Open Government (Committee) is authorized to provide advice and guidance regarding the Freedom of Information Law (FOIL) and Open Meetings Law (OML).

The Committee is not authorized to investigate complaints, compel an agency or public body to take certain actions, or to determine whether a violation of law has occurred.

Only the courts, through the initiation of a Civil Practice Law and Rules Article 78 proceeding, have enforcement authority in this regard.

Please see the attached document, which explains the timeline in which an agency must respond to a FOIL request.

If an agency does not meet the temporal obligations set by FOIL, you may consider your request constructively denied and submit an appeal.

Additionally, please see this advisory opinion (https://gcc02.safelinks.protection.outl ... reserved=0) suggesting, in the opinion of the Committee, an agency cannot repeatedly delay a date certain.

In such a case, you may again consider the request constructively denied and submit an appeal.

Thank you for your inquiry.

Jake Forken
Excelsior Fellow
NYS Committee on Open Government
thelivyjr
Site Admin
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

3 August 2022

Jake Forken
Excelsior Fellow
NYS Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231

RE: Intentional abuse of FOIL by NYSDEC and NYSDOH

Dear Jake,

In all sincerity, thank you for your timely response, and for clarifying the fact that NYSDEC can abuse FOIL with impunity, which as I stated in my letter, makes FOIL a mockery.

As was stated in my letter, I have been using FOIL to prove a whitewash and cover-up by NYSDEC, something they have a long history of doing as a corrupt state agency that is and has been a clear and present danger to our health and well-being in Poestenkill and Rensselaer County.

In the event of an Article 78, the Attorney General will step in to defend DEC and will steer the matter to a judge who will be sympathetic to DEC, regardless of the law, which makes this all a very stupid game in a corrupt state where the term RULE OF LAW means nothing at all.

Respectfully,

Paul R. Plante, NYSPE
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

Date: 08/02/2022

Dear Paul R. Plante,

I write in response to your Freedom of Information Law (FOIL) request seeking:

Any and all records as that term is defined in New York State Public Officers Law § 86(4) related to a briefing on 21 September 2021 Poestenkill Town residents heard by state Department of Environmental Conservation officials about the PFAS situation in Poestenkill as was stated in an Albany Times Union story on 22 September 2021 titled "Rensselaer County expands PFOA testing in Poestenkill" by Kenneth C. Crowe II.

Please be advised that a diligent search of the files maintained by DEC produced no responsive records.

If you believe you have been unlawfully denied access to responsive records, you have the right to appeal.

Any such appeal must be submitted in writing and within thirty (30) days of the date of this email.

Appeals must be directed to:

FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500

Your FOIL request is now closed.

If you need further assistance, please contact the FOIL Unit at (518) 402-9522 and reference FOIL #W103324-070222, or simply reply to this email.

Thank you.

Sincerely,

Records Access
thelivyjr
Site Admin
Posts: 49461
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov

RE: PUBLIC RECORDS REQUEST of 6/26/2022, Reference # W103020-062622

Date: 08/04/2022

Dear Mr. Plante,

This is in response to your 6/26/2022 Freedom of Information Law (FOIL) request seeking:

Any and all records as that term is defined in New York State Public Officers Law § 86(4) for the period between 1 January 2021 and 27 September 2021 related to a response from DEC to an invitation extended to DEC by the Town of Poestenkill, which invitation was the subject of an article in THE ADVERTISER LOCAL GOVERNMENT titled Poestenkill PFOA Community Meeting dated September 23, 2021, wherein was stated "A Community Meeting is scheduled in Poestenkill, Rensselaer County to discuss PFOA found in drinking water at local school and nearby homes," and "Representatives from the NYS Department of Environmental Conservation, NYS Department of Health, and Rensselaer County Health Department have been invited to participate."

The Department of Environmental Conservation (DEC) has identified records responsive to your request and has uploaded those records into DEC's online FOIL request system.

Please visit the customer portal for DEC's online system by clicking here to log into your DEC FOIL account, where you can view and download the records.

Be advised that DEC has withheld certain responsive documents or portions thereof from disclosure in accordance with one or more of the following provisions of the Public Officers Law (POL):

87(2)(a)

87(2)(g)

If you believe you have been unlawfully denied access to records, you have the right to appeal.

Any such appeal must be submitted in writing and within thirty (30) days of the date of this email.

Appeals must be directed to:

FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500

Your FOIL request is now closed.

Please reference FOIL #W103020-062622 in all future correspondence with DEC concerning this request.

Thank you.

Sincerely,

Records Access Office
thelivyjr
Site Admin
Posts: 49461
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

8 AUGUST 2022

Kristin O’Neill
Assistant Director
New York State Committee on Open Government
One Commerce Plaza, Albany, NY 12231

RE: NYSDEC uses FOIL PORTAL to make a malicious, vicious and cowardly CYBER-ATTACK on my computer

Dear Assistant Director O’Neill:

On 4 August 2022, one (1) day after your agency responded to a complaint of mine on 2 August 2022 as a citizen of the state of New York who is also licensed as a professional engineer concerning what I know to be an intentional abuse of FOIL by both the NYSDEC and the NYSDOH concerning records related to what is alleged to be an investigation of how PFAS came to be in the groundwater of the town of Poestenkill, Rensselaer County, which intentional abuse makes a mockery out of the Freedom of Information Law by both agencies to cover up and whitewash neglect of duty on their parts as well as to protect politically powerful Waste Management of New York, LLC, which corporation is permitted by NYSDEC to operate an industrial scale garbage transfer station at the intersection of NY Routes 66 and 351 in Poestenkill, in which response, your agency on 3 August 2022 assured me that your Committee is not authorized to investigate complaints, compel an agency or public body to take certain actions, or to determine whether a violation of law has occurred, which essentially renders your Committee quite useless to law-abiding New York state citizens, I received this following response to a FOIL request of mine received by the DEC thirty-nine (39) days before on 6/26/2022 and given the reference number FOIL #W103020-062622 for tracking purposes, with the Department's response to my request supposedly coming no later than 7/26/2022, to wit:

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov

RE: PUBLIC RECORDS REQUEST of 6/26/2022, Reference # W103020-062622

Date: 08/04/2022

Dear Mr. Plante,

This is in response to your 6/26/2022 Freedom of Information Law (FOIL) request seeking:

Any and all records as that term is defined in New York State Public Officers Law § 86(4) for the period between 1 January 2021 and 27 September 2021 related to a response from DEC to an invitation extended to DEC by the Town of Poestenkill, which invitation was the subject of an article in THE ADVERTISER LOCAL GOVERNMENT titled Poestenkill PFOA Community Meeting dated September 23, 2021, wherein was stated "A Community Meeting is scheduled in Poestenkill, Rensselaer County to discuss PFOA found in drinking water at local school and nearby homes," and "Representatives from the NYS Department of Environmental Conservation, NYS Department of Health, and Rensselaer County Health Department have been invited to participate."

The Department of Environmental Conservation (DEC) has identified records responsive to your request and has uploaded those records into DEC's online FOIL request system.

Please visit the customer portal for DEC's online system by clicking here to log into your DEC FOIL account, where you can view and download the records.

Please reference FOIL #W103020-062622 in all future correspondence with DEC concerning this request.

Thank you.

Sincerely,

Records Access Office

end quotes

For the record, when I went to the customer portal for DEC's online system to log into my DEC FOIL account, what I found waiting for me was a long list of garbage that had nothing whatsoever to do with my FOIL request, and when I clicked randomly on two different entries, both times I got warnings from my security system that it would not open the files because they contained MALWARE or bugs or viruses that would damage my computer, which CYBER ATTACK I believe was intentional on the part of the NYSDEC using the FOIL portal as an offensive weapon with which to cause me harm, knowing from your 3 August response to my complaint about DEC's intentional abuse of FOIL that they are literally above the law and consequently, are untouchable, and cannot be held to account for this COWARDLY CYBER ATTACK on my computer on 4 August 2022.

Sincerely,

Paul R. Plante, NYSPE
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