A former NYPD records access appeals officer has published a guide to navigating New York’s Freedom of Information Law (FOIL), offering insight into a process often marked by delays and resistance. Sgt. Jordan Mazur, who spent eight years determining what information the public could access from the NYPD, details strategies for obtaining records from government agencies in his self-published manual, “FOIL Made Simple.”
A Guide From The Inside
Mazur’s book draws on his experience fielding tens of thousands of requests, advising those seeking public records to prioritize patience, precision, and building rapport with records staff. His primary recommendation? Politeness. “It’s easier to work with people when they’re not just a number,” he stated. “You understand each other.”
However, transparency advocates suggest that relying on interpersonal skills isn’t enough. They argue that systemic issues within the NYPD often lead to delays or outright denials, regardless of the requester’s approach.
NYPD Response Times & Reversals
The NYPD closed FOIL requests in an average of 78 days in 2024, faster than the citywide average of 91 days. Despite this, a report by City Comptroller Brad Lander revealed that the department failed to respond to 25% of body-worn camera footage requests within the required 25 business days. The average turnaround for these requests was 133 business days, with some taking over four years to fulfill.
Notably, when denials were appealed, the NYPD reversed its decision in 97% of cases, suggesting initial responses may be overly restrictive or delayed. Comptroller Lander stated in October, “The whole purpose of body-worn cameras is transparency. Failing to provide the footage as required by law fundamentally undermines the whole purpose of the program.”
Staffing & Future Challenges
The NYPD has increased staffing in its records office to 29 employees, comprised of both civilian and uniformed officers. Mazur acknowledged the records unit is consistently overwhelmed, noting that requests for additional personnel were often denied in favor of prioritizing crime-fighting initiatives. He stated that the office typically operated with around 15 to 20 staff members.
Bobby Hodgson, assistant legal director of the New York Civil Liberties Union, expressed skepticism about the need for personal relationships, stating, “I think our experience with that agency is one where they have, for a very long time, been really deficient in the way they respond to FOILs.” The NYCLU also provides its own toolkit to assist individuals navigating the FOIL process.
Frequently Asked Questions
What is FOIL?
New York’s Freedom of Information Law, also known as FOIL, grants the public the right to request records from government agencies.
What does Sgt. Mazur suggest is the key to a successful FOIL request?
Sgt. Mazur urges patience, precision, building rapport, and above all, politeness when submitting FOIL requests.
What did a recent audit reveal about the NYPD’s response to body-worn camera footage requests?
The audit by City Comptroller Brad Lander found the NYPD failed to respond to 25% of body-worn camera footage requests within 25 business days, with an average turnaround of 133 business days and some requests taking over four years.
As the demand for transparency continues to grow, it remains to be seen whether the NYPD will prioritize proactive disclosure or continue to rely on reactive responses to FOIL requests. Increased staffing may help, but systemic changes could be necessary to truly address the challenges of public access to information.
