Robert Freeman states in his advisory opinion that "I do not believe that the [CUNY Law School] rule concerning 'holds on records' is valid."

Robert Freeman, Executive Director of the New York State Committee on Open Government, overviews the importance of the Freedom of Information Law ("FOIL") to provide transparency and provide the public open access to information. He also opines that, contrary to Gregory Koster's statements, FOIL does provide for certified copies of records requested under FOIL in the form of a certifying statement that any copies made are true copies. In addition, Freeman opines that the 'records hold' policy in the Law School's Student Handbook does not appear to be valid. While this is merely an advisory opinion, additional enforcement measures and guidance may potentially be pursued by filing an Article 78 petition seeking to compel the Law School to provide records requested under FOIL in New York State Supreme Court.


098

Further guidance was sought from the New York State Committee on Open Government to see if the Student Handbook really could preempt FOIL.

In a letter dated May 18, 2009, additional guidance was sought from the New York State Committee on Open Government to see if the Law School's Student Handbook could preempt FOIL and whether FOIL provides for certification of requested records. Gregory Koster believed that the Handbook preempted FOIL and that FOIL does not provide for certified copies of records duly requested under FOIL.


097

CUNY Law School's Records Access Officer, Gregory Koster, believes that the Student Handbook preempts the New York State Freedom of Information Law.

In his response dated March 9, 2009, Gregory Koster claimed that the Law School was unable to comply with a former student's FOIL request, because the former student still had two previous "records holds." Dave Fields also responded in writing but later claimed via telephone that no records existed at the Central Office.


096

Five Freedom of Information Law ("FOIL") requests were sent to CUNY Law Schools's Records Access Officer, Gregory Koster, on February 26 and March 4.

FOIL requests dated February 26, 2009 and March 4, 2009 were sent to Gregory Koster, Records Access Officer at CUNY Law School. Requests were also sent to Dave Fields, Records Access Officer of the CUNY Central Office.


095

Jason requested to meet with Natalie Gomez-Velez on February 28 to discuss re-entry to CUNY Law School; on March 9, Natalie "respecfully declines."

While Natalie Gomez-Velez had previously claimed that re-entry to the Law School was not permitted until after two years, now she acknowledges that re-entry is permitted after one year, but she "respectfully declines" to discuss a student's re-entry petition with him.

094

Natalie Gomez-Velez incorrectly told NYS AAG Clement Colucci that students cannot petition for re-entry after one year; Jason Bowns responds.

On September 30, NYS AAG Clement Colucci responded to the requests to meet with Natalie Gomez-Velez and Sidney Harring, claiming that a CUNY Law School student can not petition for re-entry until two years have passed. This statement was incorrect, and references were made to the Student Handbook provisions allowing for re-entry after only one year in a response letter dated December 23, 2008.
093

Requests to meet with Natalie Gomez-Velez and Professor Sidney Harring were sent via email on September 21, 2008. They both failed to respond.

092

UPDATES ARE ON THE WAY

After this long period of silence, several items detailing ongoing correspondence with Law School officials and the Office of the New York State Attorney General will be made available for public viewing. Thank you for your patience.

LAWSUIT UPDATE

Many have asked what the current status is regarding the BOWNS v. CUNY et al. litigation. For purposes of litigation strategy, no further updates or litigation documents will be made available at this time. Thanks to all for their well wishes and please stay tuned for future developments...

EXHIBITS A3 -- A7

EXHIBITS A3 -- A7 include certified email correspondence verifying that petitioner complied with all requests regarding his Independent Study and that Law School staffer Nereida Molina actually downloaded all fifteen scanned copies of all notes petitioner had used in writing his paper. Certified email provided by http://www.readnotify.com and includes date and times read/downloaded and the IP address of the computer accessing the email. Also attached is verification of the Law School's status as host institution of a federal depositoiry -- which guarantees the general public access to the Library without prior permission; and a committee list revealing that the Law School has not had any 504/ADA Committee to oversee the proper implementation of disability accommodations for students and staff.

EXHIBITS A3 -- A7 - Upload a Document to Scribd

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