What in the hell could be going on Downtown? Gunnar
On Thu, Jan 19, 2023, 9:54 AM Gunnar Larson <[email protected]> wrote: > SENT VIA EMAIL > ([email protected]) > January 19, 2023 > Gunnar D. Larson > xNY.io – Bank.org > 406 West 25th Street > New York, NY 10001 > Re: Freedom of Information Law (“FOIL”) Tracking No. 2022-089773 > Dear Gunnar D. Larson: > I write in response to the FOIL request that you submitted to the New York > State > Department of Financial Services (“Department”) on January 26, 2022, which > states as follows: > “Please submit any and all records related to the LendingClub.com > September 11 Board of Directors resignation below. The date of the > resignation is in question. You may understand the sensitive nature of the > date of the resignation. Gunnar Larson Sun, Oct 24, 2021, 5:06 PM to Anuj, > Investor, Press Hello there: Thank you very much for the reply. Gunnar On > Sun, Oct 24, 2021, 11:36 AM Anuj Nayar wrote: Hi Gunnar On September > 11, 2021, in connection with her nomination to serve as superintendent of > the New York State Department of Financial Services, Adrienne Harris > notified us of her resignation, effective September 12, 2021, from the > Company’s Board. Details can be found in the 8k filed on 9/15/21 (below) > https://d18rn0p25nwr6d.cloudfront.net/CIK-0001409970/bbc437e4-2920- > 4d5d-8e0d-86bca622f0ca.pdf From: Gunnar Larson Date: Saturday, > October 23, 2021 at 9:37 AM To: Investor Relations , Press Cc: Gunnar > Larson Subject: [EXT] LendingClub: Current Board of Directors > CAUTION: This email originated from outside of the organization. Do not > click links or open attachments unless you recognize the sender and know > the content is safe. Dear Madam or Sir: Good day to you. Surveying market > research, I was wondering if you can kindly confirm, from LendingClub's > July 15, 2021 press release: Is Ms. Adrienne Harris currently a member of > LendingClub's board of directors? > https://www.prnewswire.com/newsreleases/lendingclub-appoints-adrienne-harris-to-its-board-of-directors- > 301335198.html#financial-modal [prnewswire.com] Reviewing your > website, Ms. Harris is not > referenced:https://www.lendingclub.com/company/leadership Bloomberg > and other sources do not reference Ms. Harris as a LendingClub board > member: https://www.bloomberg.com/quote/LC:US [bloomberg.com] > Sending you the very best regards. Thank you, Gunnar -- Gunnar Larson - > xNY.io [xny.io] | Bank.org [bank.org] MSc [unic.ac.cy] - Digital Currency > MBA [unic.ac.cy] - Entrepreneurship and Innovation (ip) [email protected] +1- > 646-454-9107 New York, New York 10001.” > Public Officers Law (“POL”) § 89(3) requires a FOIL request to reasonably > describe the > records sought. This means that the description of the documents sought > must be sufficient to > allow the agency to locate and identify the documents requested. See > Matter of Farbman & Sons > v New York City Health & Hosps. Corp., 62 NY2d 75 (1984); Matter of Wright > v Hippolyte, > 2014 N.Y. Misc. LEXIS 1247, 2014 NY Slip Op 30705(U) (Sup. Ct. N.Y. County > March 20, > 2014). The Committee on Open Government, which is responsible for, inter > alia, issuing > advisory opinions regarding FOIL, has opined that “[w]hether a request > reasonably describes the > records sought . . . may be dependent upon the terms of a request, as well > as the nature of an > agency’s filing or record-keeping system.” Committee on Open Government > (“Committee”) > Opinion No. FOIL-AO-16073 (July 17, 2006). In the Committee’s Opinion No. > FOIL-AO-11960 > (February 17, 2000), it opined that a FOIL request that sought records > “‘tending to support’ a > particular statement, or ‘utilized’, ‘used’ or ‘relating to’ various > activities of the Department of > Environmental Conservation” was not a reasonably described request for > records under Public > Officers Law Article 6. The Committee stated that a response to such a > request “would involve > making a series of judgments based on opinions, some of which would be > subjective, mental > impressions”, and require “ascertaining which records might ‘tend to > support’ a statement [that] > would involve an attempt to render a judgment regarding the use, utility, > accuracy or value of > records.” The Committee held that “for purposes of [FOIL], a request for > such materials would > not meet the standard of ‘reasonably describing’ the records sought, for > such a request would not > enable the [agency] to locate and identify the records in the manner > envisioned by that statute.” > Your FOIL request fails to meet the “reasonably describe” requirement in > POL § 89(3) > because it includes vague and imprecise phrases such as “any and “all,” > and “related to” and it > does not clearly describe the records that you are seeking to enable the > Department to conduct a > reasonable search for those records. Such vague phrases are imprecise > terms that require > Department staff to make subjective judgments as to whether a document is > responsive to your > FOIL request. When such subjective judgments are required of staff, the > FOIL request may be > denied for failure to meet the reasonably describe requirement in POL § > 89(3). Additionally, the > Department does not have an indexing system that allows it to search all > of its paper and > electronic records by terms that may appear in such records. Accordingly, > the Department is > denying your FOIL request on the basis that the request is not reasonably > described. > Notwithstanding the foregoing issues with your FOIL request, please be > advised that, in > August of 2021, the Superintendent resigned from the Board of Directors of > the Lending Club, > effective September 12, 2021. > > In accordance with POL § 89(4), you may appeal this determination within > 30 days by > sending an email to [email protected]. > Very truly yours, > Pascale Jean-Baptiste > FOIL Officer > > ---------- Forwarded message --------- > From: JeanBaptiste, Pascale (DFS) <[email protected]> > Date: Thu, Jan 19, 2023, 9:51 AM > Subject: FOIL Request No. 2022-089773 - Larson > To: Gunnar Larson <[email protected]> > Cc: Garrett, Carmen (DFS) <[email protected]> > > > Good Morning: > > > > Please see the attached determination in response to your FOIL request. > Thank you. > > > > > > >
