Reporting from Thursday, June 19, 2008 :

Workshop Meeting

From the June 19 Special Meeting of the Town Council (TC)

The Draft Interview Procedures and the Records Retention and Access Policy were reviewed in detail.  The town attorney was to send a revised draft to the TC members before their July meeting.

Reporting from Monday, June 2, 2008 :

Draft Records Retention and Access Policy

From the June 2 Regular Meeting of the Town Council (TC)

Discussion tabled to a workshop meeting set up for June 19, 2008.

Committee on Open Government Advisory (COOG) Opinion

From the June 2 Regular Meeting of the Town Council (TC)

Councilperson Edwards asked about an Advisory Opinion from the NYS Committee on Open Government and a letter from the town attorney relating to a long-pending FOIL request.  She asked why the town attorney was being asked to assist with FOIL requests.  The town clerk reported that the FOIL requesters had been allowed, as a courtesy, to review the files and make copies with a personal copier with the understanding that any copies would be made available so duplicate copies could be made for the town clerk and town attorney.  Since they refused to provide the copies, they were told they could not review the files and the ZEO, according to the town clerk, is now spending “many hours” pulling all of the responsive records.  The ZEO, town clerk and town attorney will meet to review those records.  [Note: the COOG opinion is that the town may not condition the right to copy records on providing the town with copies or an indication of the records copied.] Audience member Ardith Truhan commented that if FOIL requesters weren’t allowed to review the records unless they made the copies available, it wasn’t a courtesy at all but a requirement.  The town clerk said this is how she has handled all FOIL requests; she needs to have a record of what was provided to each person in case “Joe” FOILs something and then “Terry” comes in and wants to FOIL what “Joe” FOILed.  Ms. Edwards asked the town clerk why she does this?  The town clerk said “…I would like to know what was given out in a FOIL…” and “…I would like to know what the copies were and I have to do that.” The town clerk said every FOIL request is reviewed by the town attorney to determine if it’s valid so the clerk has to have those copies on hand.  The clerk also reported that this particular request for ZEO records was large and that ZEO Dennis Callahan (who was hired in 2002) did not know how former ZEO Ed Waldron filed his records and was waiting for him to be able to come in to assist.

Reporting from Monday, May 5, 2008 :

Records Retention and Access Policy

From the May 5 Regular Meeting of the Town Council (TC)

The original draft was prepared by the town attorney along with the town clerk.  The town attorney e-mailed additional material which the town clerk forwarded to the TC members on April 30 but she learned two days later that no one had received it.  The clerk provided paper copies to the TC members at the meeting but this, combined with the town attorney’s recommendation that the TC assume the policy-making role (he’d understood they might be setting up a committee), resulted in its being tabled again.

Reporting from Monday, April 7, 2008 :

Draft Records Retention and Access Policy

From the April 7 Regular Meeting of the Town Council (TC)

Councilperson Edwards said these policies related to two separate laws and should be covered by separate policies--an access policy in compliance with the NYS Freedom of Information Law, and a retention policy incorporating the requirements of the NYS Arts & Cultural Affairs Law, including the required adoption of a disposition schedule.  The town attorney said he would split the two policies and distribute revised drafts together with additional information.  The matter was tabled.