Tue 1/1/2019 1:07 PM
cathy macera <maceraxx@live.com>
FOIL REQUEST
Laura Madore <lmadore@ilionny.com>
Dear Records Access Officer:
Please email the following records :
All reports submitted and accepted, and all documents of discussion, shall include but not limited to reposts from DEC, EPA, all testing sample results from EPA, by the Village board Meetings of
June 26 2017
July 12, 2017
August 9, 2017
August 22, 2018
As according to OML https://docs.dos.ny.gov/coog/otext/o5380.html
“In short, when a public body schedules a document for discussion during an open meeting that is required to be made public pursuant to the Freedom of Information Law, it is required to make the record available to the public, to the extent practicable, online and prior to or at the meeting during which the record is discussed.”
Certify all documents supplied are true copies. Provide all records/documents via email.
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If it is necessary to modify my request, address all concerns in writing via email at the above email address
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.
Catherine M Macera "Blood of the innocent shall stain your soul for all eternity"
Mon 1/7/2019 8:47 AM ***********
cathy macera <maceraxx@live.com>
FOIL REQUEST
Wendy Penny <wpenny@ilionny.com>
Dear Records Access Officer:
Please email the following records if possible
December 12 2018 Village Board minutes, these records should be readily available see below, for Law in support of , which will accepted via e-nail reply.
Please CERTIFY that all records are true copies.
referring to OML-AO-05400 “with respect to meeting minutes, there is no provision of law of which we are aware that requires that minutes of meetings of public bodies be approved or accepted.
Section 106 of the Open Meetings Law pertains to minutes of meetings and states that:
“1. Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon.
2. Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a record or summary of the final determination of such action, and the date and vote thereon; provided, however, that such summary need not include any matter which is not required to be made public by the freedom of information law as added by article six of this chapter.
3. Minutes of meetings of all public bodies shall be available to the public in accordance with the provisions of the freedom of information law within two weeks from the date of such meetings except that minutes taken pursuant to subdivision two hereof shall be available to the public within one week from the date of the executive session.”
In view of the foregoing, it is clear that minutes of open meetings must be prepared and made available “within two weeks of the date of such meeting,” and that executive session minutes must be prepared within one week.
Although as a matter of practice or policy, many public bodies approve minutes of their meetings, there is nothing in the Open Meetings Law or other law known of which we are aware that requires that minutes be approved. In the event that minutes have not been approved, to comply with the Open Meetings Law, it has consistently been advised that minutes be prepared and made available within two weeks, and that if the minutes have not been approved, they may be marked “unapproved”, “draft” or “non-final”, for example. By so doing within the requisite time limitations, the public can generally know what transpired at a meeting; concurrently, the public is effectively notified that the minutes are subject to change. If minutes have been prepared within less than two weeks, we believe that those unapproved minutes would be available as soon as they exist, and that they may be marked in the manner described above.
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
CM Macera
Sent from Mail for Windows 10
Tue 1/15/2019 6:16 AM *****************
cathy macera <maceraxx@live.com>
FOIL REQUEST
ilion@ilionny.com
Dear Records Access Officer:
Please email the following:
All Zoning Board of Appeals Minutes from January 1st, 2018 through January 15, 2019. Which shall include but not limited to all documents provided at hearings, Legal notices, fees charged AND all correspondence from the ZBA regarding decision made and any Stipulation demanded by the ZBA.
All permits. both Commercial and Residential issued by Codes Enforcer Officer from January 1st, 2018 through January 15, 2019 Which shall include but not limited building permits, demolition permits, as well as all documents legally required of each type of permit such as : drawings, engineering renderings, all photos, surveys, etc.
All inspections as required by law which shall include but not limited to yearly or as required by each building permit throughout the process of completion of project, and all fees associated with each inspection.
All orders directing the Village to demolish any buildings, commercial or residential due safety hazards, which shall include but not limited to court orders, engineers, insurance companies, NYS Code Enforcer under Department of State for Uniform Fire Prevention and Building Code,
Budget line for Codes Department of Ilion, which shall include deposit and withdrawals of said line budget line, if budget is not available, provide budget line which is accountable for Codes Department funds and expenditures.
Please advise me of the appropriate time during normal business hours for inspecting the following records prior to obtaining copies [include as much detail about the records as possible, including relevant dates, names, descriptions, etc.]:
Please certify that all records/documents are true copies.
If all of the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.
CM Macera
Thu 1/17/2019 7:15 AM *************
cathy macera <maceraxx@live.com>
FFOIL REQUEST
ilion@ilionny.com
Dear Records Access Officer:
Please email the following:
All documents for the agenda for Village board meeting of December 12, 2018 and January 2019, this shall include but not limited to all department reports, all audits whether internal or external, communications regarding public business whether sent or received, that was discussed, all proposals and/or bids to perform work of any public projects
All documents for the submission of most recent grant award this shall include all maps, drawing, the original application, and any required documentation, and any additional requirements requested, all correspondence concerning grant application, which shall include any directly to and from Templeton Landscape.
All resolutions passed for 2019.
Please certify that all records/documents are true copies.
If all of the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.
CM Macera
Wed 1/23/2019 7:16 AM **********
cathy macera <maceraxx@live.com>
Agenda documents FOIL
Village of Ilion <ilion@ilionny.com>
Dear Records Access Officer:
Please email the following records if possible
All records that are on the agenda for discussion before the Village of Ilion Board of Trustees, of January 23 2019 meeting. This shall include but not be limited to: all reports, all public appearance documents, proposed resolutions, law, rules, regulations, policies or amendments thereto.
As this would also place the clerk and the trustees in compliance with the Village of Ilion as well in compliance with :
Rules of Procedure for Village Board Meetings
Section 4 - Agendas
The Village Clerk at the direction of the Mayor shall prepare agendas for Village Board meetings. Items for inclusion, when possible, shall be to the Clerk at least 24 hours before the meeting. Draft copies of the agenda shall be circulated to the members of the board by the close of business on Tuesday or the day before the meeting. The agenda shall be posted on the Village’s website at least 24 hours before the meeting. Items may be added to the final agenda at the beginning of the Village Board meeting.
§103(e) to the Open Meetings Law, effective February 2012
OML-AO-5324
“Based on complaints such as these, the Legislature added §103(e) to the Open Meetings Law, effective February 2012.The purpose of the legislation is simple: those interested in the work of public bodies should have the ability, within reasonable limitations, to see the records scheduled to be discussed during open meetings prior to the meetings and concurrently with the public discussion involving those records.
The amendment addresses two types of records: first, those that are required to be made available pursuant to FOIL; and second, proposed resolutions, law, rules, regulations, policies or amendments thereto. When either is scheduled to be discussed during an open meeting, the law requires that copies of records must be made available to the public prior to or at the meeting, upon request upon payment of a reasonable fee, and, when practicable, online prior to the meeting. The amendment authorizes an agency to determine when and what may be “practicable” in making records available.
It is important to stress that the amendment involves an effort to take advantage of today’s information technology to promote transparency and citizens’ participation in government, and to reduce waste. If the agency in which a public body functions (i.e., a state department, a county, city, town, village or school district) “maintains a regularly and routinely updated website and utilizes a high speed internet connection,” the records described above that are scheduled to be discussed in public “shall be posted on the website to the extent practicable as determined by the agency…”.It is not incumbent upon the public to make a request that such records be posted online, it is the agency’s responsibility to do so.”
CM Macera
Wed 1/23/2019 11:51 AM
cathy macera <maceraxxlive.com>
RE: VB 1.23.19 Agenda
Wendy Penny <wpenny@ilionny.com>
info@roselawfirm.com <info@roselawfirm.com>
You did not include the actual documents of request, note that are in compliance with Legislative law, as I provide in the original Request. Did you err or are you intentionally denying my entire request? If you are denying my request in part, you are to provide the legal reason for such action.
NYCRR 1407.1(b) Denial of access shall be in writing stating the reason therefor and advising the person denied access of his or her right to appeal to the person or body designated to determine appeals, and that person or body shall be identified by name, title, business address and business telephone number. The records access officer shall not be the appeals officer.
I specifically provided law validating my request. I now provide the link to the entire Committee of Open Government rendered, which includes the Legislative Law. https://docs.dos.ny.gov/coog/ftext/2013/5324.html
In effort to nip legal issues quickly, I have CC to Village Attorney Mark Rose, in hopes that he will confirm with you I am entitled to my request by law, despite any legal litigations, or personal opinions of any members of the trustees, or any public servants am very much part of the public, and I will at costs protect my fundamental rights of FOIL and the Constitution.
This will be your second Violation, of which I will follow procedure at my earliest convenience within the next 30 days. Regarding the previous violation. I am merely offering a chance to either correct your error, provide the legal reason for denial, or you can ignore this all together. As I will be sending Committee of Open Government a request for an opinion, regarding the continual behavior by this Village.
CM Macera
From: Wendy Penny <wpenny@ilionny.com> Sent: Wednesday, January 23, 2019 9:49:26 AM To: cathy macera Subject: VB 1.23.19 Agenda
Good Morning Catherine Macera:
Here is a copy of tonight’s agenda for the Meeting to commence at 6:30pm. Have a great day!
Best,
Wendy S. Penny
Village Clerk
49 Morgan St
Ilion, NY 13357
Phone: 315-895-7449 x 3069
Fax: 315-895-7361
Cell: 315-520-9744
ATTACHMENT
AGENDA
VILLAGE BOARD January 23, 2018
Brian D. Lamica, Mayor 6:30 P.M. MariJo Thompson, Treasurer
Charles T. Lester, Deputy Mayor Mark R. Rose, Attorney
Joanne Moore, Trustee Wendy Penny, Village Clerk
Bridget McKinley, Trustee
Ron Schoonmaker, Trustee
______________________________________________________________________________
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT/REQUEST FOR APPEARANCE
Scott Brown…Electric Costs
PERSONNEL
• Firefighter Marcus Perritano ---Chief Paddock is recommending moving from Probationary Permanent to Permanent status.
DEPARTMENT REPORTS
DPW
Report
WATER
Report (Distribution)
Report (Treatment)
ELECTRIC
Report
FIRE
Report
COURT
Report
VILLAGE TREASURER
Monthly Abstracts
• Budget Amendments
VILLAGE CLERK
Village Board Meeting Minutes
FOIL Request Log
COMMISSION LIAISON REPORTS
OLD BUSINESS
NEW BUSINESS
ATTORNEY BUSINESS
UPCOMING MEETINGS
Village Board Meeting – February 13, 2019
ADJOURNMENT
EXECUTIVE SESSION
Thu 1/31/2019 6:13 AM ******
cathy macera <maceraxx@live.com>
FOIL REQUEST
Village of Ilion <ilion@ilionny.com>
Dear Records Access Officer:
Please email the following records if possible
Resignation letter of Robert Zutter as it was part of the Agenda discussions of 7/11/2018
Traffic Commission members list and all Meeting Minutes of Traffic Commission for 2018.
All Agenda documentation for VB meeting of 7/28/2018, this will include but not limited to all resolutions, all records pertaining to the financial expenditure budget changes and contractual changes made for financial expenditures for all part-time employees, and a copy of all part-time employees contracts containing changes.
All written communications regarding Dufold, from 2014 - present date of 1/30/19
This shall include both sent and received documents/records from any Board member, department head, or attorney
Offered in assistance to prevent any delays or denial https://docs.dos.ny.gov/coog/ftext/19562.htm
“Second, it is true that the Freedom of Information Law (FOIL) does not require that agency staff or officials provide information in response to questions, offer explanations concerning its actions or activities, or create new records in responding to requests. However, FOIL is expansive in its scope, for it pertains to all agency records, and as you are aware, a school district is an agency [see FOIL, §86(3)]. Perhaps of significance in the context of the material sought is the term “record.” Section 86(4) of FOIL defines “record” to mean “any information kept, held, filed, produced or reproduced by, with or for an agency….in any physical form whatsoever…”
In consideration of the application of FOIL not only to records in the physical possession of District officials, but also to those that may be kept or may have been prepared for the District, it is suggested that you renew your request and emphasize that it includes records kept or prepared for the District by its counsel.
Third, insofar as records are maintained by or for an agency, FOIL is based on a presumption of access and requires disclosure, except to the extent that a ground for denial of rights of access appearing in §87(2) of that statute may properly be asserted.
If there are written communications between the District’s counsel and the developer or the developer’s representative, I do not believe that any exception could validly be cited to deny access. There would be no privilege, for the client of the District’s counsel is the District; the privilege would not extend to communications to or from the developer. A provision that is often relevant in a negotiation process, §87(2)(c), authorizes an agency to withhold records insofar as disclosure “would impair present or imminent contract awards…” Since the matter has been resolved and a settlement reached, that exception is no longer pertinent. Again, if records such as those referenced here exist, they must, in my opinion, be made available.”
Please Certify that copies/records/documents are true copies
If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD or floppy disk.
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.
CM Macera
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