Steger's
Board Breaks Law! Destroys Records!
Destroying public records to avoid
revealing them under the Freedom of Information Law is illegal!
Here's the story. Last month three of
Steger's Town Board members read from documents they had prepared.
Under the New York State Open Meetings Law any documents read
in this way are part of the pubic record and should have been
turned over to the clerk after being read. You may recall
that I twice asked for copies of these records at that meeting
and was refused.
The next day I faxed a FOIL request (see
below) to Jane asking for copies of those documents. Some
days later I inquired about them and Jane told me that the
three Town Board members said they were personal notes and
I could not have them. I referred her to the Open Meeting
Law and suggested the three Board members reconsider. On Monday
August 27th I met with Jane and she told me that
all three Board members told her they had destroyed the documents
the very night of the meeting. Thus destroying what they said
at the time were personal notes. Odd timing.
The unfortunate part of this is that I
have been transcribing the tape and there are many places
where it is garbled and hard to discern what they are saying.
I had hoped to use the written documents to clear up those
areas. Now that they have all been destroyed we will have
to depend on my best judgment about what they are saying on
the tape. Well, I'll do my best and hope it turns out ok.
For example, at the end of Betty Ann Pitman's
words if reference to this web site she says to me. "Keep
telling the truth." The tape's a bit garbled but
I'm pretty sure that is what she is saying. Well, like I said
I'd do my best and hope it comes out ok. It's really too bad
those documents were destroyed.
Frank
Hogg
9/10/1
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Jane Davenport - Town Clerk - Records Access Officer
Preble Town Hall
Preble NY 13141
August 14, 2001
RE: FREEDOM OF INFORMATION
REQUEST (Revised)
Dear Ms. Davenport:
I am writing to you in your capacity as Records Access
Officer for the Town of Preble.
Pursuant to New York State’s FREEDOM OF INFORMATION
LAW, Public Officers Law, Article 6, the undersigned
hereby requests the information outlined below.
This request is for a copy of the audiotape made at
the Town Board meeting the night of August 13th,
2001. Specifically that portion of the meeting when
Town Board members Anne Brennen, Betty Ann Pitman
and Kate Edinger spoke just before the public comment
period. Also please provide copies of the written
public documents that they read from. As you know
anything that is presented in a public meeting is
subject to FOIL. The three board members read from
written documents and those documents are part of
the public record. It is copies of those documents
that I am requesting.
Please call if there are any questions.
Sincerely,
Frank Hogg
P.O. Box 573
Tully, NY 13159
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