If a village mayor receives an enforcement letter from the EPA or DEC regarding a wastewater treatment plant, is she required to include the letter in the monthly meeting minutes or agenda available to constituents?
If so, when must it be included? Or is disclosure optional?
I’m researching a situation where a local resident was charged with violating a town code ordinance. The town judge dismissed the case as facially insufficient. When I requested the judge’s name and a copy of the ruling from the town court, the clerk said the case was sealed due to the dismissal and that she could not share any information.
This raises a few questions:
What is the public purpose behind sealing a dismissed case?
Is it true that if the judge had ruled in favor of the town, the case might not have been sealed?
Are court records completely off-limits under the Freedom of Information Law (FOIL)? Or are there other ways the public can access information about the justice system?
I’d appreciate any insight into how transparency and privacy intersect when it comes to local court proceedings.
Are governments and government agencies required to maintain a log of all FOIL requests they receive and process? Is this mandated by any state law?
I’m asking because a municipality has informed me that it neither keeps a log of FOIL requests nor is required to do so. Is this accurate?
As a reporter, am I entitled to access a recent settlement between a town and an insurance or bond company?
The case involves a municipality that terminated a garbage collection contract, leading the contractor to sue for damages. The insurance company held the bond for the garbage services and was involved in the settlement.
Would this type of settlement be considered a public record under Freedom of Information laws? If so, what steps should be taken to obtain it?
I’m a reporter working on a story about a federal lawsuit involving a state university and could use some advice on obtaining records from both the university and the state Office of the Attorney General.
Case Background:
The case, Doe v. State University of New York at Geneseo et al. (U.S. Civil Court for the Western District of New York, Case No. 6:24-cv-06272-EAW), involves a student who sued the university, alleging that officials failed to follow proper procedures in handling a sexual assault case and wrongfully found him guilty. The validity of his claims is unclear since the alleged victim is not a party to the federal case. However, the university opted for an out-of-court settlement just eight days after the complaint was filed.
There are few publicly available documents on the case due to its quick resolution, but I can provide them if needed to avoid PACER charges.
My Reporting Process & FOIL Requests:
Since I started covering this story, I’ve been trying to uncover additional details beyond just reporting that the case existed and was settled. I assumed that while settlement details would likely remain confidential, legal expenses and financial records related to the case should be publicly accessible.
I submitted multiple FOIL (Freedom of Information Law) requests, but have faced significant delays and denials:
In addition to these requests, I have been trying for over a month to arrange a meeting with the university’s spokesperson, but have received no response. Attorneys for both sides have also been unresponsive.
My Questions:
Any advice you can share would be incredibly helpful. Thanks!
As a local newspaper editor, I regularly submit FOIL requests to the village. A number of these have resulted in “scoops” that were sometimes embarrassing or at least inconvenient for the Village Board of Trustees.
Until recently, the records access officer was our village clerk, and the appeals officer was our village manager. Recently, the Board of Trustees voted to make itself the appeals body, citing the rationale that the village manager could now assist the village clerk in making decisions about what to release. Admittedly, like in most government bodies, not enough staff are assigned to handle FOIL requests, which can be burdensome for our clerk—a nice person who is already stretched thin.
In reviewing the law, I see nothing that explicitly prohibits this change. However, the village manager—who works closely with the Board and reports directly to the mayor—already had significant conflicts of interest in deciding which documents to withhold. This new arrangement seems likely to increase the number of redactions and outright denials, which has been an ongoing issue over the past year. (Not surprisingly, none of my appeals have been upheld.)
Someone I know recently submitted a FOIL request for records related to the investments backing the state retirement system.
The state comptroller denied the request, claiming it is a trade secret—a term that, as far as I can tell, is defined in case law in reference to “businesses” or “commercial enterprises.” Have you ever seen a government invoke the trade secret exemption for information not originating from a private corporation but from the government itself?
Do you know if a city can share personal information and disciplinary actions of an employee, including the employee’s address, via a FOIL request?
On October 23, 2024, I submitted a FOIL request to obtain the 2024 membership list of a union representing approximately 20 municipal employees in (omitted), New York).
On November 8, 2024, I received an email denying my request. It stated:
“As per the Union President, this requested information is an invasion of privacy and will not be produced. Your request contains information that, based on the Freedom of Information Law, Public Officer’s Law §87(2)(b), provides for denial of access to documents (or portions thereof) ‘if disclosed would constitute an unwarranted invasion of personal privacy.’”
On November 14, 2024, I sought feedback from a former Town Board Supervisor, who shared the following perspective:
“No, it is not an invasion of privacy. Being a public employee, you should expect no privacy. Since when does the President of a government union have the right to deny a FOIL request? Shame on the Town Clerk for even asking him. The Town Clerk is the FOIL officer and should’ve just provided the information. She already had it.”
I am seeking input to strengthen my appeal and argue for the release of the Union membership list. How can I counter the privacy exemption claim and obtain the requested information?
