Since when do our elected officials have to foil documents?

[SabreTooth]

SEEMS LIKE WOZNIAK MIGHT BE ON TO SOMETHING AND THE TOWN IS TRYING TO STOP HER AGAIN. SEE STORY BELOW:


http://www.cheektowagabee.com/news/2...IL_policy.html


Wozniak parried by town’s FOIL policy
by ERIKA CARLSON Reporter

The Cheektowaga Town Board’s youngest member is questioning the process for a council member to obtain town records.

Angela Wozniak, the lone Republican on the Democratic-dominated board, has been trying to look into information on Nicholas, Long and Moore Construction, a firm that does a lot of business with the town. When she requested a large amount of documents, she was told she had to file a FOIL request.

During Tuesday’s Town Board work session, she questioned the move.

Wozniak stated that after serving more than a year on the board, this was the first time she had to go through the FOIL process, and she questioned why.

“I feel this is in relation to Nichols, Long and Moore,” she said. “I’ve gone through an enormous amount of pushback in my process of investigating. What is going on with this?”

FOIL is a process through which a governmental agency’s public records are reviewed and copied at the request of an individual.

The Town of Cheektowaga defines public records as all information kept, held, filed, produced or reproduced by, with or for the town in any physical or electronic form.

When Wozniak asked why other council members did not have to go through the process, Town Clerk Alice Magierski said no one on the board had come to her requesting the type or the number of documents Wozniak had requested.


“A council member has never come and asked for the amount of records that you had asked for,” she said. “If a department head comes to us, and you’re asking for a large volume of records, we are going to treat it as a FOIL.”

[nogods]

Every request for information concerning information about someone other than the requester should be treated as a FOIL request unless the requestor can show that the information is being requested as part of an official town activity.

Town council members engaged in personal investigations is not official town business. Not everything in the public record is subject to FOIL. And an FOIL request is rather simple.

What I would like to know is whether she made the request for records as a strawman for Ted. If so, then it is Ted trying to get around the FOIL process by using her position as a member of the council.

If that is the case, then both of them should be prosecuted.

[SabreTooth]

Every request for information concerning information about someone other than the requester should be treated as a FOIL request unless the requestor can show that the information is being requested as part of an official town activity.

Town council members engaged in personal investigations is not official town business. Not everything in the public record is subject to FOIL. And an FOIL request is rather simple.

What I would like to know is whether she made the request for records as a strawman for Ted. If so, then it is Ted trying to get around the FOIL process by using her position as a member of the council.

If that is the case, then both of them should be prosecuted.

when are you going to get it that Wozniak is elected by the people and is on the town board to represent the people and not just ted?

[nogods]

when are you going to get it that Wozniak is elected by the people and is on the town board to represent the people and not just ted?

when I hear something out of her mouth that is not parrot talk for Ted.

When was the last time she was at a neighborhood association meting?

Having Ted over to apartment doesn't qualify.

[SabreTooth]

When Wozniak asked why other council members did not have to go through the process, Town Clerk Alice Magierski said no one on the board had come to her requesting the type or the number of documents Wozniak had requested.


“A council member has never come and asked for the amount of records that you had asked for,” she said. “If a department head comes to us, and you’re asking for a large volume of records, we are going to treat it as a FOIL.”

i find it interesting that no councilman has ever in the life of the town of cheektowaga, asked for that amount of records. does anyone remember Councilman Tom Johnson? he was always asking for records and never left any stone unturned. but if, in fact, this is true, then shame on this town board for not doing their due diligence when issues like this arise

[dtwarren]

I believe they are overlooking:

All books of minutes, entry or account, and the books, bills, vouchers, checks, contracts or other papers connected with or used or filed in the office of, or with any officer, board or commission acting for or on behalf of any county, town, village or municipal corporation in this state or any body corporate or other unit of local government in this state which possesses the power to levy taxes or benefit assessments upon real estate or to require the levy of such taxes or assessments or for which taxes or benefit assessments upon real estate may be required pursuant to law to be levied, including the Albany port district commission, are hereby declared to be public records, and shall be open during all regular business hours, subject to reasonable regulations to be adopted by the applicable local legislative body, to the inspection of any taxpayer or registered voter, who may copy, photograph or make photocopies thereof on the premises where such records are regularly kept.

NY CLS Gen Mun § 51

[WNYresident]

when I hear something out of her mouth that is not parrot talk for Ted.

When was the last time she was at a neighborhood association meting?

Having Ted over to apartment doesn't qualify.

How do you know people who attend the association meetings are not emailing/calling with information/concerns? hmmm? You don't know that.


So let me get this straight...

If I was elected supervisor of our town and wanted to.......

Review all town purchase orders for Long and Moore Construction (any company) that does a lot of business with our town I would have to submit a foil?

Review all phone records because we have a long time political party in our town that conducts "party work" during our time I would have to submit a foil?

Review all over time records because town residents in the end pay for everything i would have to submit a foil to review those?

Town Clerk Alice Magierski
“A council member has never come and asked for the amount of records that you had asked for,” she said. “If a department head comes to us, and you’re asking for a large volume of records, we are going to treat it as a FOIL.”

What is considered a large volume of records? How many purchase orders were submitted by Long and Moore Construction over the last few years?

[nogods]

How do you know people who attend the association meetings are not emailing/calling with information/concerns? hmmm? You don't know that.


So let me get this straight...

If I was elected supervisor of our town and wanted to.......

Review all town purchase orders for Long and Moore Construction (any company) that does a lot of business with our town I would have to submit a foil?

Review all phone records because we have a long time political party in our town that conducts "party work" during our time I would have to submit a foil?

Review all over time records because town residents in the end pay for everything i would have to submit a foil to review those?





What is considered a large volume of records? How many purchase orders were submitted by Long and Moore Construction over the last few years?

Because when she was confronted with her failure to engage with taxpayers, she didn't offer any such claim. Maybe now that you have made it up for her she will claim that at the next meeting.

as to your other questions, yes, if the inquiry is not connected with some official town activity, then a private investigation by an elected town official should require a FOIL request.

Suppose she just wanted to see her neighbors income tax records submitted in connection with some town permit. Should she be able to just say 'hey, I'm an elected official, give me all the records you have on Mr. Smith."

BS. Let her file a FOIL. Or can't she and Ted figure out how to fill out the form? all nine lines of it.

http://www.tocny.org/Portals/0/Depar...est%20Form.pdf

[Dan Roman]

Because when she was confronted with her failure to engage with taxpayers, she didn't offer any such claim. Maybe now that you have made it up for her she will claim that at the next meeting.

as to your other questions, yes, if the inquiry is not connected with some official town activity, then a private investigation by an elected town official should require a FOIL request.

Suppose she just wanted to see her neighbors income tax records submitted in connection with some town permit. Should she be able to just say 'hey, I'm an elected official, give me all the records you have on Mr. Smith."

BS. Let her file a FOIL. Or can't she and Ted figure out how to fill out the form? all nine lines of it.

http://www.tocny.org/Portals/0/Depar...est%20Form.pdf

Maybe they could enlist the services of a washed up lawyer to fill out the forms. She was told it was the "amount" of records that was the problem, not that she just wanted info. Alice said " a council member has never come and asked for the amount of records that you asked for?" Then again, even a washed up lawyer would have read the article more closely.

[nogods]

Maybe they could enlist the services of a washed up lawyer to fill out the forms. She was told it was the "amount" of records that was the problem, not that she just wanted info. Alice said " a council member has never come and asked for the amount of records that you asked for?" Then again, even a washed up lawyer would have read the article more closely.

Maybe you chewed lead paint as a child and that is why you can't understand legal issues and reasoning.

A town clerk's quote in a newspaper doesn't determine the law. I don't care if the town clerk said "you can't have them because you are too short."

She can't have them because she has no special status to them just because she is an elected official.

Went right over your head, didn't it.

[WNYresident]

Because when she was confronted with her failure to engage with taxpayers, she didn't offer any such claim. Maybe now that you have made it up for her she will claim that at the next meeting.

as to your other questions, yes, if the inquiry is not connected with some official town activity, then a private investigation by an elected town official should require a FOIL request.

Suppose she just wanted to see her neighbors income tax records submitted in connection with some town permit. Should she be able to just say 'hey, I'm an elected official, give me all the records you have on Mr. Smith."

BS. Let her file a FOIL. Or can't she and Ted figure out how to fill out the form? all nine lines of it.

http://www.tocny.org/Portals/0/Depar...est%20Form.pdf

Engage with taxpayers?

Perhaps she doesn't follow around with the "Cheektowaga Democratic Social Club" but engages with our town folks in a different way. I don't know the answer but I'm pretty sure you don't either.

I don't go to association meetings but still get information from quite a few town residents including some of our very good town employees.

I would say going over purchase orders, town contracts and such is VERY official town business. If I was Supervisor I most certainly would go over town business that is/was going on.

Suppose she just wanted to see her neighbors income tax records submitted in connection with some town permit. Should she be able to just say 'hey, I'm an elected official, give me all the records you have on Mr. Smith."

BS. Let her file a FOIL. Or can't she and Ted figure out how to fill out the form? all nine lines of it.

Irrelevant. She isn't doing that so don't bring it up. From this thread it seems like she is asking for information on a business that does a lot of business with our town.


The Bee just got delivered.. I'll skim over later and see what they have to say....

[WNYresident]

Maybe they could enlist the services of a washed up lawyer to fill out the forms. She was told it was the "amount" of records that was the problem, not that she just wanted info. Alice said " a council member has never come and asked for the amount of records that you asked for?" Then again, even a washed up lawyer would have read the article more closely.

Be nice. Nogods isn't washed up.

[WNYresident]

So what do we pay Nichols, Long and Moore to do for us?

[WNYresident]

At the very end of the article...




So nogods... do you think our town should decide the size of our town board or should Mary?

[mikenold]

when I hear something out of her mouth that is not parrot talk for Ted.

When was the last time she was at a neighborhood association meting?

Having Ted over to apartment doesn't qualify.

I have seen Angela at many of the DUCA meetings. I talked to her at the DUCA meeting in January. I was unable to attend the February meeting.