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FOIL Appeal Determination for 06-12-0A (Roland Ivers)

July 3, 2006

New York State Department of Environmental Conservation
Assistant Commissioner
Office of Hearings and Mediation Services, 14th Floor
625 Broadway, Albany, New York 12233-1010
Phone: (518) 402-8537 FAX: (518) 402-9037
Website: www.dec.state.ny.us

July 3, 2006

Mr. Roland Ivers
7930 Appleton Road
Cicero, New York 13039

Re: Freedom of Information Law ("FOIL") Appeal No. 06-12-0A

Dear Mr. Ivers:

We have received and reviewed the records that are the subject of your FOIL appeal dated June 13, 2006.

You were provided with redacted copies of the Job Applicant Log, the Justification to Appoint statement (the "Statement"), and the resume of the chosen applicant. The Job Applicant Log had the following information redacted: (1) the names of the applicants other than yourself who were not chosen for the position; (2) the sex of the applicants who were not chosen, except as to you; and (3) the answer to question 16 "Disabled", except as to you. With respect to the resume of the chosen applicant, only the applicant's home address, telephone number and email address were redacted. With respect to the Statement, only the names of, and related information on, the other applicants who were not chosen were redacted.

We conclude that the information redacted was properly withheld based upon Public Officers Law § 87(2)(b) which reads, in relevant part, as follows: "Each agency shall . . . make available for public inspection and copying all records, except that such agency may deny access to records or portions thereof that: . . . (b) if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of subdivision two of section eighty-nine of this article." Public Officers Law § 89(2)(b) provides that an unwarranted invasion of personal privacy includes, but is not limited to, disclosure of employment, medical or credit histories or other personal information. In addition, Public Officers Law § 89(7) expressly provides that the names and addresses of applicants for public employment need not be disclosed.

As you know, the Executive Director of the New York Department of State's Committee on Open Government issues advisory options with respect to FOIL. Several advisory opinions have concluded that information on applicants who were not selected for a position may be withheld (see advisory opinion dated October 21, 2002 (FOIL-AO-13671)).

This letter is the final determination of the Department of Environmental Conservation. You have the right to seek review of this determination pursuant to Article 78 of the Civil Practice Law and Rules, and Public Officers Law § 89(4)(b). In any further contact with this office related to this appeal, please refer to FOIL Appeal No. 06-12-0A.

Sincerely yours,

Louis A. Alexander
Assistant Commissioner for Hearings
and Mediation Services

By: /s/
Molly T. McBride
Administrative Law Judge

cc: Robert Freeman, Executive Director
Committee on Open Government

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