F.O.I.L. UPDATE

September 9 2011

I received a letter from the City on Thursday September 8th. Apparently Labor Day didn’t count. Sorry, I don’t work for the government so I forgot it was a holiday. Common mistake.

They have reverted back to snail mail ($.44 a pop--way to use taxpayer dollars wisely), and waited all of the five days to send me three sentences (NOTE advisory opinion from COOG: “The amendments clearly are intended to prohibit entities from unnecessarily delaying disclosure. They are not intended to permit agencies to wait until the fifth business day following the receipt of a request).

The first sentence stated their receipt of my request. The second two were as follows:

“The City does not maintain or possess the records you requested. The bank signature cards are the property of Steuben Trust and are kept on file there.”

Again, I will quote from COOG: A record is "any information kept, held, filed, produced, reproduced by, with or for an agency in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes."

Cleary a bank signature card is a “paper” that is “kept, held or filed” at Steuben Trust Bank “for” the City of Hornell.

I have filed an appeal to my denial with the state. I could be completely wrong on this. But it’s worth pursuing.

According to the Clerk, my requests are “abnormal.”

Worse things have been said about me.

Game on.