Correspondence regarding FOIL requests

From: <Mayor@villageofnewpaltz.org>

Date: January 18, 2013, 6:06:12 PM EST

To: Katy Bunker <villageclerk@villageofnewpaltz.org>, <clerk@townofnewpaltz.org>

Cc: Sally Rhoads <sallymrhoads@gmail.com>, Ariana Basco <basco54@gmail.com>, Stewart Glenn <stewartglennnewpaltztrustee@gmail.com>, Brian Kimbiz <briankimbiztrustee@gmail.com>, <supervisorzimet@townofnewpaltz.org>, <planb@hvc.rr.com>, Jeff Logan <jtlogan6@aol.com>, Jean Gallucci <jpgallucci@gmail.com>, Kevin Barry <kevinbarylaw@yahoo.com>, Joseph Eriole <vonplawyer@live.com>

Subject: FOIL request

Katy and Roseanna -

I came across the followin passage on page 10.1 of the NYCOM Handbook for Village Officials. I thought it may be useful in figuring out how you will fill my FOIL request for all emails between Finance Committee members:

"A record is considered any information available in physical form. This definition includes...records maintained in a computer. It includes all records pertaining to Village business regardless of where the record is kept. This would include village records even though the record may not be physically located in the village clerk's office, such as a letter addressed to the village which the mayor may have at his or her home or records pertaining to village business even though they may be kept in the village attorney's office"

Clearly, emails among formally appointed committee members discussing the financial future if the village meets this standard even if tey are all on the members's home computers.

The handbook goes on to explain the appeals process if requests are denied, and the applicability of filing an Article 78 lawsuit if such request seem to be illegally denied.

I'd like to let you know of my intention to bring such suit if it becomes necessary.

I know this one may leave you scratching your heads a bit, but please discuss with our respective corporation counsels and/or Bob Freeman.

I'm happy to be patient, but not beyond the deadlines set by state law.

Thanks

Jason

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As a follow-up to my FOIL request:

I understand from FC videos that Nancy took extensive notes throughout the process.

In addition, one would assume she was copied on most if not all FC emails and other documents.

Please acquire copies of such records from the Village Treasurer. Given the time constraints, refusal to provide records by the FC and likely lawsuits to acquire them, I am following up with you as our Records Management Officer in order to keep request formal. Rather than informally asking Nancy.

Thank You

Jason

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"Dear Katie,

You have in your possession as Clerk of the Village, the 2011 Annual Report for the Village, the 2012 Village budget, the Auditor's report to the Village for 2011, the 2011 Town annual report to the auditor, the Town 2013 budget, the discs of all finance meetings unless you were unable to have a film person there, a list of all meetings, dates and locations, the speadsheet and report, the water and sewer rates for the Village and Town.

The only thing you did not have, which you do now, is the email to Chris and Bleu summarizing how they recommended the DPW budget be done. I handed this document out on Tues. evening.

If I missed anything you undoubtedly have access to it as we worked from Village/Town public financial figures.

Sally


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Dear Katy -

Please be aware that the documents Sally references do not meet the criteria of documents covered by my FOIL request.

I am, of course, aware of the records Sally mentions in her email. And she, of course, is correct that these records are both already public and in my possession.

In case there is confusion, I am requesting ALL INTERNAL records generated by and between Volunteer Finance Committee records relating to the internal discussion of FC members. I assume more than a single email was created as FC members discussed among themselves the pros and cons and savings of various aspects of their work: internal email debate, rough drafts of spreadsheets, etc.

Sally's email is on its' face immaterial to my request

Thanks

Jason

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Please consider this a Freedom of Information Law request for the following documents generated by the Finance Subcommittee of the Volunteer Consolidation Study:

1) Any and all emails between members of the Committee regarding the work of the Committee, both formal, public emails and any and all email messages sent between Committee members which discuss the work of the Finance Committee

2) Any and all draft spreadsheets, excel files or other such documents outlining the specific budgetary changes the Committee considered for their final report.

3) All reports, memoranda or other communication from outside consultants regarding the work of the Finance Committee, including but not limited to communications from the New York State Department of State, Village Treasurer, Village and/or Town Attorney, pro-bono consultant Ken Bond and any other communication used by the Committee to research or justify their recommendations.

Thanks.

Jason West"