As a follow-up to our last post, we have video of Mr. Robert J. Freeman, Executive Director of NY State's Committee on Open Gov't, explaining at a public forum that it's against the state's Freedom of Information Law for a municipality's FOIL Records Access Officer to also serve as an Appeals Officer. The rub being, it's patently unfair for the one who denies information to another to then sit in judgement as to the righteousness of that denial. A conflict of interest–and as you will see from the video–a direct violation of state law being practiced by Harris-Beach's Kristen Kelley Wilson (pictured above) on a daily basis for the City of Rye.
Ms. Wilson is well aware of the legal conflict-of-interest she's engaged in–as she's refused to address the issue with us for months now. Her contract with the city, signed by Mayor F. can be viewed here, see item 5, page 1.
Councilwoman Laura Brett–who was in attendance at Mr. Freeman's March 8th meeting held in the Rye Free Reading Room–is singled out in the video by Mr. Freeman who says, "I guarantee you that she will attempt to do something about it, right?"
"Yes," says Ms. Brett.
Ms. Brett (left) told LD10580 that she's discussed the issue–Ms. Wilson's acting in violation of NY State Law–with Ms. Wilson and that "the city is in the process of finding a solution."
It would seem the solution would be to... follow the law.
Through Freedom of Information requests, LD10580 has gained information that's helped prove Mayor French's rental property was illegal, that he received improper school tax exemptions, that he didn't pay his state tax income taxes, and a plethora of other goodies. Who would want to thwart all this good stuff, the truth, from coming out?
We've never appealed a denial of access to information from Ms. Wilson, of which there are many, for obvious reasons. Instead, we just explore other avenues from which to get at the truth.
Just imagine if the city was playing according to the law–oh, the things you would learn about what goes on behind the walls of City Hall.
Ms. Wilson, an officer of the court, continues to flout the law in broad daylight–denying the public's access to information and arrogantly telling them if they wish to appeal her decision–to her, in violation of the law–that they have 10 days, under to the law, to do so.
Mr. Scott Pickup, who will forever stand accused of concelaing public records, and who still hasn't posted the 2011 Annual Report (now 5 months past due according to the City Charter) is the chief Records Access Officer for the City of Rye.
According to the city's FOIL procedures, "The City Manager shall be the Records Access Officer responsible for assuring compliance with these regulations."
No wonder.
HANDY LEGAL STATUTE REFERENCE LIST -
Freedom of Information Law (NYS Public Officers Law, Article 6)
http://www.dos.ny.gov/coog/foil2.html
“The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article.”
Obstruction of Justice (general)
http://en.wikipedia.org/wiki/Obstruction_of_justice
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsified, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation..”
Spoliation of Evidence (general)
http://en.wikipedia.org/wiki/Spoliation_of_evidence
The spoliation of evidence is the intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding.
- And here’s a recent local Federal Appeals Court decision to keep handy –
“Fortress Bible verdict upheld on appeal”
http://www.scarsdalenews.com/Scarsdale_Inquirer/SCARSDALE_NEWS_092812.html
“Describing a "deliberate effort to thwart" the church's plan, the court said town officials' testimony lacked credibility, cited the town's failure to comply with discovery obligations and said the town's objections to the church's plan were "contrived" and its proposed modifications "wholly disingenuous." The District Court ordered the town to approve the site plan and pay the church compensatory damages. It fined the town $10,000 for destroying documents in connection with the church’s application and lawsuit.”
And I’ll give City of Rye readers one guess as to who the original city attorney’s were when all this illegal, immoral stuff actually went down…
Posted by: tedc | January 16, 2013 at 09:18 AM