Friday, March 2, 2012

F.O.I.L. Concluded...For Now

The NYS Committee on Open Government finally responded to my appeal. Here are some of the salient points:
"Based on the conflicting information given to you by the clerk and that reported in the newspaper, and our general understanding that municipal accounting is largely performed with reliance on electronic databases, it may be that the City maintains the records that you seek in electronic format and that a discussion to clarify the information that you seek is in order..."
"In consideration of the foregoing, we believe that the City’s request for clarification was appropriate, and that if further clarification is necessary, such should be communicated to you. In our view, based on the provision quoted above, the records access officer must ensure that City staff provide information concerning the means by which the records of your interest are maintained or retrieved in order to enable you, if necessary, to “reasonably describe” the records as required by law..."
"Due to the breadth of the definition, insofar as the Bank maintains or prepares records for the City, we believe that such records (bank signature cards) are City records that fall within the coverage of the Freedom of Information Law. If, however, the Bank’s records are maintained for its own business purposes and not for the City, the Freedom of Information Law would not apply [see United Food v. City of Schenectady IDA, 204 AD2d 887(1994)]..."
"Accordingly, it is our opinion, that when an agency such as the City of Hornell has the ability to receive and respond to requests via email, it is required do so. Further clarification requested and received via email, in our opinion would be entirely appropriate." [This was in response to the Clerk's contention that no further email communication would occur)
In other words...
I was right. Mostly. The Bank signature card request gets gray, but in lieu of the support I got from C.O.O.G. regarding the other issues, I am willing to let that part of my request go.
For now.
My next F.O.I.L was for ELECTRONIC documents as follows: Credit Summary Reports for Ambulance Account, monthly Revenue and Expenditure reports for Ambulance Account(each from from about April 2010 to January 2011), and copies of all BILLABLE Ambulance bills for the month of October 2011. I asked for all of the items to be sent to me electronically, except for the ambulance bills, which I had been told AD NAUSEUM could not be sent electronically because "information had to be blackened out by hand." Fine.
Their response was immediate for the electronic files, I received all of them in .PDF format. Yes, they have scanners at city hall and fancy-schmancy software to generate electronic files out of paper ones and equally smart programs to EMAIL electronic files. Who knew?
Then I received an email stating that if I remit the copying cost of $59.60, the ambulance bills would be provided. Check promptly sent, followed by an email a week or so later telling me they were ready.
The Deputy Clerk was kind enough to drop them off to my house on her way home. Easily the nicest thing anyone at City Hall has ever done for me. Sincerely.
I eagerly opened the packet of ambulance bills, expecting to find paper copies with large swaths of black marker wiping out any identifying information. I mean, that's what I was told would have to be done.
Nope.
Apparently all that had to be done was to CUT OFF the top portion of the bill.
Wait, I thought...
Nevermind.
Anyways I have indeed gleaned some very interesting information and will continue looking into some of the serious concerns that I have been asked to investigate. Could be nothing...or not.
Regarding the city's prompt response to my request this time around? Well, it's either because I dumbed it down to such an extent that they had no choice but to acquiesce, or it's because no one likes the State to come down and say, "Uh-oh, oooh duys did mate a boo-boo."
Whatever.

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