FOIL

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?

Can you please clarify if there are any requirements for what a resident must provide to officially appeal a FOIL request denial or non-response?

Are there specific procedures regarding who the appeal must be sent to, how it should be submitted, and where it must be directed?

I am a reporter working on a story about a public school district that has faced several allegations of teachers having inappropriate relationships with students. Those teachers undergo NY 3020-A proceedings and often reach an agreement to surrender their teaching licenses.

However, when we file FOIL requests for documents, the records we receive make no mention of what the teachers are actually accused of. We know the accusations from a deposition in a civil case, but we’re hoping to find the paper trail within the district. We’ve learned that some teachers were able to surrender their licenses before facing a fact-finding hearing, and in one case, the district entered into an agreement with a teacher, allowing him to take medical leave instead of facing punishment. These teachers were all rumored to have committed sexual misconduct.

We’re wondering why there is no record in the district’s possession disclosing the accusations against these teachers. Is this a loophole? Is there a specific document we should be asking for?

I understand your frustration. The contact information for elected officials should be available to the public.

Back in 2017 and 2018 as part of a report we did, we looked at whether contact information for elected officials and department heads were posted online.
We did not do your town of Newfane.

My understanding is that until a decision is made regarding the disciplinary action it can be redacted.

See opinion below

https://docsopengovernment.dos.ny.gov/coog/ftext/f17195.html

Yes you can submit a FOIL request to obtain the resumes and employment applications of the individuals who have applied for the Village Administrator position. See the opinion by the NY Committee on Open Government below.

They can redact some information for privacy reasons such as SSN, address, hobbies, etc. items that are not directly related to the employment position.

https://docsopengovernment.dos.ny.gov/coog/ftext/f12918.htm

“The first area of inquiry involves any requirement that the District publicize or disclose the
names of those who have applied to fill the vacant position. In this regard, there is nothing in the
Freedom of Information Law or any other law of which I am aware that would require that the
District, on its own initiative, to disclose the names of applicants. However, in response to a request
made under the Freedom of Information Law, I believe that the District would be required to disclose
a record or records identifying the applicants.”

Unfortunately they can take 90 days to respond to your FOIL request, as indicated by the Committee on Open Government opinion below.

You can file an appeal objecting to the delay. Sometimes, they will respond quicker, but not always.

https://docsopengovernment.dos.ny.gov/coog/ftext/f19671.htm