Wednesday, September 14, 2011

F.O.I.L. UPDATE 3

The machinations continue. Below is my letter to C.O.O.G. regarding the City's latest "denial" er, um, "non-response." Whatever you want to call it. It is a nine page document in total, so here's an edited version of Page one :

"Please find the enclosed documents below concerning one of my recent F.O.I.L. requests to the City of Hornell via Clerk Barb Parrot. Please note that you have in your possession another appeal to a denial regarding one aspect of this request (bank signature cards, you will see the references in the emails). The City has now refused to respond to a clarification that they themselves asked for. I am hereby asking for an advisory opinion regarding this recent denial/non-response.
In summation, I have once withdrawn and replaced by clarifying and narrowing down size and scope due to a request for remittance of $4375. I have clarified twice (not including one clarification on bank signature cards) due to specific questions asked by the Clerk. The Clerk’s recent refusal to acknowledge my last communication to her is that: “there has been too much back and forth.”
I have offered to pay staff or any individual for the amount of time it would take to get these documents to me electronically. They, in turn, have offered me nothing unless I send thousands of dollars. Please also note that the Clerk states: “the records you are requesting do not exist in electronic form.” One day later, the City Chamberlain, who is in charge of these accounts, stated the exact opposite.*
I have included quotations from the Evening Tribune only to direct your attention to obvious misrepresentations. If you look at all of the exchanges below, you can see that I was responding very specifically to a question that Clerk Perrott asked of me. My response was a clarification that she herself asked for. They have definitely not “already responded” to my last request.
Given [public] statements [by the Mayor], as well as the fact that I have seen with my own eyes monthly “electronic” registers from the city’s accounting program that show actual expenditures and revenue from and for each account (which they provide to the Common Council members twice per month), it is my contention that the Clerk and Mayor are definitely not making a reasonable effort to find common ground where the documents I seek can be provided."

*Evening Tribune Article August 31, 2011: “Chamberlain Pelych confirmed these accounts are available in the city’s MicroFunds accounting program, and that they could be sent electronically, per Mikolajczyk’s request…money is allocated to each department…records could be sent electronically.”

Note: C.O.O.G. is overloaded with appeals right now, and it could take a few months for them to respond. No matter. Even if the City wins this battle, I'm not giving up the fight.

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