FOIL Yonkers

Charter Revision Commission Agenda and Mayoral Proposals of July 14th 2011 Now Online: Exclusive to FOIL Yonkers

2011-07-15T10:58:00.000-04:00

Yonkers Planning Board Agenda July 13th 2011

2011-07-12T14:51:00.002-04:00

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Austin Ave Brownfield Cleanup Progran Fact Sheet

2011-06-27T14:24:00.001-04:00

Click on Image to Enlarge:

Chuck Lesnick's Response to Mayor Amicone's Charges of "gamemanship"

2011-03-22T17:23:00.000-04:00

Adaptive re-use of historic buildings is one of the best ways to stimulate economic development, help the environment and preserve the unique character of our cities. The land marking process with the Yonkers Landmarks Preservation Board ("LPB") is one of the best in the region, despite the efforts by the mayor to gut the process. As an engineer predisposed to tearing down our historic treasures and starting anew, this mayor has repeatedly tried (unsuccessfully) to change the City Charter to reduce the powers of the LPB and when that failed, to change the ideological make-up of the board, sacrificing hard working moderate consensus builders such as the prior acting chair. As council president I have and will continue to use our role of advice and consent to ensure the board reflects the values of the community and that it maintains its integrity and respect for the process.
Chuck Lesnick

Mayor Amicone calls Council President Lesnicks actions "shameful" and "disrespectful" with regard to the Landmarks Board appointments

2011-03-22T12:27:00.008-04:00

CLICK ON IMAGE TO ENLARGE:

Elizabeth Seton Campus Brownfield Cleanup Fact Sheet

2011-03-20T13:40:00.004-04:00

Former Halstead Quinn/ATI Tank Farm Site. Brown Field Cleanup Program No. C360090

2011-03-02T09:57:00.005-05:00

Ethics Board Meeting Agenda February 17th 2011

2011-02-18T10:13:00.002-05:00

RidgeHill Streets to be Dedicated to the City of Yonkers

2011-02-16T12:15:00.007-05:00

Communications From Yonkers Industrial Agency Lawyer to the City Council on the Austin Avenue MOU

2011-01-25T16:42:00.005-05:00

Denial of Access Alive and Well in Yonkers

2010-10-31T17:28:00.007-04:00

Click on Documents to enlarge:

Access Denied: FOIL@cityofyonkers e-mail address not accepting FOIL requests from public. Since When?

2010-08-21T14:53:00.002-04:00

Proposed Charter Amendments to the City of Yonkers Charter 2010

2010-08-17T11:01:00.004-04:00

Yonkers Charter Revision Commission Agenda of August 2nd 2010, Draft Resolution and Minutes of July 28th 2010 now online

2010-08-03T00:06:00.000-04:00

Chuck Lesnick's July 28th 2010, letter to the City of Yonkers Charter Revision Commission 2010

2010-08-01T11:13:00.003-04:00

Charter Revision Commission Agenda and Draft Proposed Charter Amendments of July 22nd 2010

2010-07-23T11:44:00.002-04:00

Inspector Generals Report on F.O.I.L. in Yonkers now available on Yonkers Tribune Website

2010-04-01T12:33:00.001-04:00

http://yonkerstribune.typepad.com/yonkers_tribune/2010/03/inspector-general-dan-schorrs-freedom-of-information-foil-report.html

Yonkers Board of Education Retainer Agreement with Law Firm Lewis and Fiore

2009-11-19T16:15:00.002-05:00

Ridge Hill Development Corporation Minutes and Resolutions 2005

2009-11-18T09:32:00.010-05:00

Board of Contract and Supply Agenda of August 26th 2009

2009-09-02T11:42:00.013-04:00

Real Estate Committee Meeting Agenda September 1st 2009

2009-09-01T23:53:00.006-04:00

Click on image to enlarge

Yonkers Downtown Waterfront Development Corporation Budget now Available on FOIL Yonkers

2009-06-12T08:33:00.005-04:00

Inspector Generals Report on Gasboy in Yonkers

2009-04-03T10:06:00.000-04:00

http://communityfirstdevelopmentcoalition.blogspot.com/2009/04/inspector-generals-report-on-gasboy-in.html

Total # Businesses Certified in the Yonkers Empire Zone

2009-03-24T10:19:00.000-04:00

Unapproved Minutes of Yonkers Empire Zone Administration Board Meeting Wednesday March 11th 2009

2009-03-23T11:18:00.000-04:00

SFC and MACY's IDA Applications Now Avialable on FOIL Yonkers

2009-03-20T13:04:00.000-04:00

To View Documents Click on the Link Below:

http://www.scribd.com/doc/13465323/0425001

http://www.scribd.com/doc/13465320/0424001

http://www.scribd.com/doc/13465317/0422001

http://www.scribd.com/doc/13470967/0419001

http://www.scribd.com/doc/13470980/0420001

http://www.scribd.com/doc/13471850/0426001

New Proposed Empire Zone Changes in Yonkers for Cross County Center and SFC

2009-03-19T15:41:00.000-04:00

Yonkers Industrial Development Agency P.I.L.O.T.'s for 2007-8 Now online at FOIL Yonkers

2009-03-08T21:23:00.000-04:00

CLICK ON IMAGE TO ENLARGE

List of Yonkers Vehicles

2009-01-21T21:17:00.004-05:00

City of Yonkers Vehicles Summary now available to the public Only on FOIL Yonkers

2008-07-24T14:28:00.000-04:00

Click To View Larger Image:

New FOIL Law needs to be passed by Governor Patterson

2008-06-07T09:10:00.000-04:00

htpbcs.dll/article?AID=/20080607/OPINION/806070324/1015/OPINION01tp://lohud.com/apps/

Mayor of Yonkers sent this letter to the Chamber of Commerce

2008-03-28T18:09:00.000-04:00

March 27, 2008

Dear Friend:

I am writing to you today to ask that you please consider voicing your
support for the proposed Struever Fidelco Cappelli (SFC) project next
month, as we anticipate the project will come before the City Council.
The Council is scheduled to meet Tuesday, April 8, 2008 and Tuesday,
April 22, 2008 at 8:00 p.m. in the City Council Chambers at City Hall,
4th Floor, 40 South Broadway. On the day of the meeting, it is
recommended you call the City Clerk's Office at 914-377-6020 between 9:00 a.m.
and 3:00 p.m. to confirm SFC is an item on the agenda and, if that is
the case, we would encourage you to sign up as a speaker for that
evening.

Most importantly, the City Council is expected to schedule two public
hearings on the SFC project the end of April, therefore, we will notify
you as soon as these are scheduled with the hope that you will attend
these meetings as well. Your attendance at the City Council meetings
and the public hearings are vital to moving the SFC project forward and
we would ask that you give these meetings priority.

In addition to the above, from time to time other organizations meet,
which is the case with the Yonkers Alliance for Community Benefits. For
your information, they are meeting to discuss SFC tonight from 7 to 9
p.m. at the Nepperhan Community Center, 342 Warburton Avenue and again
on Wednesday, April 2, 2008 from 7 to 9 p.m. at the Will Library, 1500
Central Park Avenue.

With your support, we can ensure that Yonkers best days are still
ahead!

Thank you for your commitment to our city, and please call Christine
Sculti at 377-6085 if you need further information.

Sincerely,

Philip A. Amicone

Mayor

LongFellow and School Six

2008-03-11T08:14:00.000-04:00

Yonkers IDA and I.Park N-VALLEY 1st Amendment to Payment in Lieu of Tax Agreement

2008-03-06T15:44:00.000-05:00

Yonkers IDA and I.Park N-VALLEY 1st Amendment to Payment in Lieu of Tax Agreement dated November 10th 2006

nValley Assignment and Assumption Agreement with I-Park 11-1-06

2008-03-02T11:54:00.001-05:00

Peter Klein's e-Mail to SFC Survey Takers

2008-02-29T12:47:00.000-05:00

----- Original Message -----
From: Peter Klein
To: info@sfcyonkers.com
Sent: Wednesday, February 27, 2008 7:04 PM
Subject: SFC Yonkers Redevelopment Project - We Need Your Help

Thank you for recently completing the SFC survey. Your input is very important in helping us identify key issues in our Yonkers redevelopment project.

The survey showed that residents are most interested in the tax revenue and economic benefits that our project will bring to Yonkers. People want to see more jobs created in the downtown. And when asked how they would vote on the project, most people said YES.

The SFC project needs to be processed thoroughly but without further delay. The City Council should be comprehensive yet swift with its review.

Yonkers cannot afford to miss this opportunity for major private investment in its downtown. We need our approvals in order to get financial commitments for construction of this project. We have prospective tenants who are ready to come to downtown Yonkers but cannot commit without an approved project.

We need your help NOW!

Please call or write to the City Council members and let them know you support the SFC project.

Voicing your support at public meetings is vitally important. Council meetings tend to be dominated by a handful of vocal critics who want to slow down the approval process. Please email us (info@sfcyonkers.com) and let us know if you would be available to speak in favor of the project at a City Council meeting.

Thank you for your continued support. Together, we can move forward with this important revitalization of Yonkers.

Regards,
Peter
Peter Klein
Project Manager
Struever Fidelco Cappelli LLC
www.sfcyonkers.com

SEND ALL EMAILS TO: info@sfcyonkers.com
WHO TO CONTACT
Letters to the Journal News (with name and phone)
Letters@thejournalnews.com

Council President Chuck Lesnick (914) 377-6060 Chuck.Lesnick@Yonkersny.gov
Councilwoman Patricia McDow (1st District)(914) 377-6311Patricia.McDow@Yonkersny.gov
Councilwoman Sandy Annabi (2nd District)(914) 377-6312 Sandy.Annabi@Yonkersny.gov
Councilwoman Joan Gronowski (3rd District)(914) 377-6313 Joan.Gronowski@Yonkersny.gov
Councilman Liam McLaughlin (4th District)(914) 377-6314 Liam.McLaughlin@Yonkersny.gov
Councilman John Murtagh (5th District)(914) 377-6315 John.Murtagh@Yonkersny.gov
Councilwoman Dee Barbato (6th District)(914) 377-6316 Dee.Barbato@Yonkersny.gov

Mayor Sends Letter to Civic Leaders in Yonkers relating to Demolition Delay Ordinance

2008-02-21T08:26:00.000-05:00

Happy Birthday YonkersTV. One Year old and Going Strong

2008-02-08T07:57:00.001-05:00

YonkersTV celebrates it's first birthday. YonkersTV will continue to bring City of Yonkers Government business held in camera, to light, via the lens of YonkersTV. You will find many meetings not televised by City Government, only on YonkersTV. With thousands of Viewers, YonkersTV would like to thank the Google Corporation and Youtube for making this possible. Thank You.
For More Videos goto http://www.yonkerstv.blogspot.com/. Pass this link onto your friends and neighbors.

Mayor Amicone cannot use public funds to Promote Charter Revision Amendments according to the Ethics Board

2008-01-29T07:31:00.000-05:00

Ethics Board Decision on Mayor's use of Public Funds to Promote his own Political Agenda. The Ethics Board ruled that he cannot use public funds for the purpose of promoting Charter Revision Amendments.
(This was one of Dennis Robertson issues in last years Mayoral Election. The Editor of this website would like to know if Dennis was aware of this decision. If he was aware of this before the election why did he not make this known to the public. Why is Chuck Lesnick cutting a deal with Mayor Amicone and okaying the use of public funds to promote these amendments. Why was this done in secret and do both of these men have the authority to spend public funds without apparent public oversight?

Access Denied by City of Yonkers and City Council President Lesnick

2008-01-23T11:29:00.001-05:00

More Financial Assistance From The YIDA. The Cross County Incentives

2007-08-15T14:13:00.000-04:00

Just Click on any page to enlarge

No Documents Available from IDA on Dialysis Project

2007-07-09T08:50:00.000-04:00

Deirdre Hoare
xx xxxxxxxxxxx
Yonkers, NY XXXXX

January 26, 2007
Ms. Melvina Carter CFO
Yonkers Industrial Development Agency
470 Nepperhan Avenue
Yonkers, New York 10701

VIA E-Mail
Re: FOIL Request for Documents related to N-Valley Technology Center “Legal Update” as per Minutes of YIDA Board Meeting of October 31, 2006

Dear Ms. Carter:

I am requesting relevant back-up documentation, including Resolutions or other written statements adopted by the Yonkers IDA Board of Directors on October 31, 2006, as per the below excerpt from the meeting minutes:

In addition, I request all documentation related to the referenced “Dialysis Project,” including any applications for YIDA financial assistance from applicant Florence Nightingale, LLC d/b/a Riverside Dialysis or other entity, inducement resolutions, agreements, contracts, leases, etc. pertaining to this project.

Thank you for your prompt attention to this matter.

Sincerely,

Deirdre Hoare

Deirdre Hoare
XX XXXXXXXX
Yonkers, NY XXXXX

May 31, 2007

Ms. Melvina Carter CFO
Yonkers Industrial Development Agency
470 Nepperhan Avenue
Yonkers, New York 10701

VIA E-Mail and U.S. mail

Dear Ms. Carter:

I am writing in regard to the attached FOIL request dated 1/26/07. Subsequently you provided me with copies of documents partially filling my request.

However, the leases provided lacked the referenced Exhibits, which are an integral part of those documents, and I would appreciate receiving the missing exhibits as soon as possible. No resolutions were provided. In addition, no documents were provided responsive to this part of my request:

“I request all documentation related to the referenced “Dialysis Project,” including any applications for YIDA financial assistance from applicant Florence Nightingale, LLC d/b/a Riverside Dialysis or other entity, inducement resolutions, agreements, contracts, leases, etc. pertaining to this project.”

I am therefore resubmitting this request.

Thank you for your prompt attention to this matter.

Warm regards,

Deirdre Hoare

Ridge Hill Lease Amendments 1 - 6 Now Available Online Courtesy FOIL Yonkers Website

2007-06-08T12:28:00.000-04:00

Robert J. Freeman, Executive Director of the Committee on Open Government Advisory Opinion: Yonkers Cannot Impose the Use of It's Form

2007-06-07T17:15:00.000-04:00

From: Martin Mc Gloin
Date: 2007/02/13 Tue PM 01:03:47 CST
To: RFreeman@dos.state.ny.us
Subject: FOILING YONKERS

Dear Mr. Freeman, I wonder if you could give me an advisory opinion as to
whether it is Lawful to only allow a FOIL request by e-mail, using a specific form, specified by a municipality, in this case the Corporation Counsel of the
City of Yonkers. The links to the City and the FOIL request form are below.
http://www.cityofyonkers.com/http://www.cityofyonkers.com/foil/index.htm if you click on the FOIL form on this link, you can download it)

This specific Adobe PDF, is locked and therefore one cannot save it to a
computer. One is asked to print it, and therefore the intention appears to be
to force those not computer literate enough to send the request by snail mail.
I have figured a way around this form, however I am very computer literate and
I would be very surprised if all who try to use this form are successfully
able to e-mail it. Actually many people have commented to me that they find it
"clunky" and do not use it at all.

So can they, the City of Yonkers, or any governing body for that matter,
force one to use this form only or is a regular e-mail format such as this very
e-mail allowed under the revisions to the FOIL Laws passed last year.

If you need clarification on anything in this communication, please do not
hesitate to contact me.

Sincerely

Martin McGloin

RESPONSE FROM ROBERT FREEMAN TODAY

June 7, 2007

E-MAIL

TO: Martin McGloin

FROM: Robert J. Freeman, Executive Director

The staff of the Committee on Open Government is authorized to issue advisory opinions. The ensuing staff advisory opinion is based solely upon the facts presented in your correspondence.

Dear Mr. McGloin:

I have received your letter and the materials attached to it. Please accept my apologies for the delay in response.

You questioned the propriety of a policy adopted by the City of Yonkers requiring that “[a]ll e-mail requests must use [its] FOIL request form.” In this regard, it has been recommended that agencies create email addresses dedicated to the receipt of requests and that forms may be developed in an effort to expedite the public’s ability to request records pursuant to the Freedom of Information Law. Further, as required by §89(3)(b) of the Freedom of Information Law, the Committee on Open Government has created model forms that may be used by the public when requesting records via email and by agencies for use in responding to those requests. However, those forms are merely recommended models or templates, and it has been advised that agencies may choose to adopt the form recommended by the Committee, alter it, or create its own form. Notwithstanding that guidance, there is nothing in the Freedom of Information Law that requires that a person seeking records must use an agency’s prescribed form. That being so, although use of the City of Yonkers form would likely be of benefit to a person seeking City records, I do not believe that the City may require those seeking records via email to use the City’s form.

I hope that I have been of assistance.

RJF:tt

cc: Corporation Counsel

Thacher, Profitt and Wood, Legal Bills request continually denied by the City of Yonkers. These bills are being paid by the taxpayers of Yonkers

2007-03-12T21:47:00.000-04:00

FOIL Yonkers brings you inside the Freedom of Information process in order to expose
how a City Government operates and the difficulty in getting minor documents.

Foil Requests By Martin McGloin, for the Bills the City Of Yonkers wants to keep secret. Please follow the trail to the end of this post. I for one would like to know what the City of Yonkers is hiding after 18 months of denials.

Please Click on the documents to enlarge:

From: XXXXXXXXXX@earthlink.net
To: FOIL@cityofyonkers.com
Cc: Rfreeman@dos.state.ny.us

Subject: Appeal the Denial Thacher , Proffit and Wood.
Date: Nov 8, 2006 3:30 PM
Mr. Frank Rubino
Office of the Corporation Counsel
City of Yonkers
City Hall
Yonkers, New York 10701

Re: Freedom of Information Law Appeal

Dear Mr. Rubino
I hereby appeal the denial of access regarding my request, which was made on
October 6th 2006, and sent to you Mr. Frank Rubino,Office of the Corporation Counsel, City of Yonkers, City Hall, Yonkers, New York 10701.

The records that were denied include F.O.I.L. Request for all bills and receipts
submitted to you by the law firm of Thacher, Proffit and Wood LLP, for the period
November 1st 2005 to October 6th 2006.

As required by the Freedom of Information Law, the head or governing body of
an agency, or whomever is designated to determine appeals, is required to respond
within 10 business days of the receipt of an appeal. If the records are denied on
appeal, please explain the reasons for the denial fully in writing as required by
law.
In addition, please be advised that the Freedom of Information Law directs
that all appeals and the determinations that follow be sent to the Committee on
Open Government, Department of State, 41 State Street, Albany, New York 12231.

Sincerely,

Martin McGloin
XX XXXXXX XXX,
Yonkers
New York XXXXXX

November 8th 2006

----------------------------------------------------------------------------

From: XXXXXXXXXX@earthlink.net
To: frank.rubino@cityofyonkers.com
Cc: Rfreeman@dos.state.ny.us

Date: Feb 2, 2007 3:14 PM
Mr. Frank Rubino
Office of the Corporation Counsel
FOIL Appeals Officer
City of Yonkers
City Hall
Yonkers, New York 10701

February 2nd 2007

Dear, Mr Rubino,
please find below a copy my Law Appeal for all of the bills and receipts of the
the law firm Thacher, Proffit and Wood LLP, for the period
November 1st 2005 to October 6th 2006. This was e-mailed to your offices on November
8th 2006. To date I have not recieced a denial or access to these documents, pertaining
to this specific FOIL request.

I am writing to request that, since time has passed that you not only furnish me
the requested documents from the period originally requested but also all bills
and receipts of Thacher, Proffit and Wood LLP, for the period October 7th 2006 to
date, February 2nd 2007.

As required by the Freedom of Information Law, the head or governing body of
an agency, or whomever is designated to determine appeals, is required to respond
within 10 business days of the receipt of an appeal. If the records are denied on
appeal, please explain the reasons for the denial fully in writing as required by
law.
In addition, please be advised that the Freedom of Information Law directs
that all appeals and the determinations that follow be sent to the Committee on
Open Government, Department of State, 41 State Street, Albany, New York 12231.

Sincerely,

Martin McGloin
XX XXXXXX XXX,
Yonkers
New York XXXXXX
February 2 2007

Below sent to your offices on November 8th 2006

Mr. Frank Rubino
Office of the Corporation Counsel
City of Yonkers
City Hall
Yonkers, New York 10701

Re: Freedom of Information Law Appeal

Dear Mr. Rubino
I hereby appeal the denial of access regarding my request, which was made on
October 6th 2006, and sent to you Mr. Frank Rubino,Office of
the Corporation Counsel, City of Yonkers, City Hall, Yonkers, New York 10701.

The records that were denied include F.O.I.L. Request for all bills and receipts
submitted to you by the law firm of Thacher, Proffit and Wood LLP, for the period
November 1st 2005 to October 6th 2006.

As required by the Freedom of Information Law, the head or governing body of
an agency, or whomever is designated to determine appeals, is required to respond
within 10 business days of the receipt of an appeal. If the records are denied on
appeal, please explain the reasons for the denial fully in writing as required by
law.
In addition, please be advised that the Freedom of Information Law directs
that all appeals and the determinations that follow be sent to the Committee on
Open Government, Department of State, 41 State Street, Albany, New York 12231.

Sincerely,

Martin McGloin
XX XXXXXX XXX,
Yonkers
New York XXXXXXX

November 8th 2006

------------------------------------------------------------------------------------

DEBRA S. COHEN
Attorney at Law

470 MAMARONECK AVENUE SUITE 400
WHITE PLAINS, NEW YORK 10605
-----------------------------------
TELEPHONE: (914) 478-1623
FACSIMILE: (914) 693-8287
dsc9101@aol.com

February 12, 2007

Via certified mail & courtesy copy via fax (914)964-0563

Frank Rubino, Esq.
Corporation Counsel & FOIL Appeals Officer
City Hall
Yonkers, New York 10701

Re: FOIL Request of Martin McGloin for Thacher Proffitt & Wood LLP records

Dear Mr. Rubino:

I am writing to you in your capacity as the Freedom of Information Law
(“FOIL”) appeals officer for the City of Yonkers on behalf of Mr. Martin
McGloin.
Mr. McGloin has asked for my assistance regarding his ongoing efforts to obtain
records of bills, expenses and receipts of the law firm of Thacher Proffit &
Wood LLP. His most recent correspondence to you was an e-mail dated February
2, 2007.

The basis given for the denial of access to these records is that “these
materials are prepared for active litigation and are withheld from disclosure
pursuant to Public Officers Law § 87(2)(a) in conjunction with CPLR §3101”.
Mr. McGloin has been advised by the City’s FOIL officer that “once the action
is finalized, you may send another request and it will be considered as a new
request.”

The City’s response seems unreasonable on at least two grounds. First, Mr.
McGloin has asked for “all legal bills, receipts and expenses” of Thacher
Proffitt & Wood LLP since November 1, 2005. He has not designated bills and
receipts in regard to a particular action. Therefore it is unreasonable to
require him to resubmit his FOIL request upon becoming aware of the
finalization of any particular action. More important, it is unreasonable for
the City to deny access on a basis that is contrary to numerous judicial
decisions, including the Court of Appeals. See inter alia, Farbman v. New York
City Health and Hospitals Corporation, 62 N.Y.2d 75 (1984); Matter of Priest v.
Hennessy, 51 N.Y.2d 62 (1980); Orange County Publications Inc. v. County of
Orange, 637 N.Y.S.2d 596 (S.Ct. Orange County 1995).

It is requested that Mr. McGloin immediately be provided all bills, expenses
and receipts of Thacher Proffitt & Wood LLP from November 1, 2005 to the
present without any further action on his part required.

Thank you for your assistance in resolving this matter.

Very truly yours,

/s/

Debra S. Cohen

cc: New York State Committee on Open Government

DEBRA S. COHEN
Attorney at Law

470 MAMARONECK AVENUE SUITE 400
WHITE PLAINS, NEW YORK 10605
-----------------------------------
TELEPHONE: (914) 478-1623
FACSIMILE: (914) 693-8287
dsc9101@aol.com

February 28, 2007

Frank J. Rubino
Corporation Counsel
City Hall
Yonkers, New York 10701-3883

Re: FOIL Request of Martin McGloin for Thacher, Proffitt & Wood LLP records

Dear Mr. Rubino:

I write in response to your letter of February 26, 2007, regarding Martin McGloin’s appeal of the denial of his FOIL requests for legal invoices submitted by Thacher, Proffitt & Wood LLP to the City of Yonkers.

The cases you cite are inapplicable to the situation herein. Both Licensing Corporation of America v. National Hockey League Player Association, 153 Misc. 2d. 126, (S.Ct. New York County 1992) and De La Roche v. De La Roche, 209 A.D. 157 (1st Dept. 1994) address discovery requests for attorney invoices made by parties in the course of litigation. The Court of Appeals made it clear in Farbman v. New York City Health and Hospitals Corp., 62 N.Y.2d 69 (1984) that your argument that a statute limiting discovery in the course of litigation should be used to specifically exempt public records from disclosure under FOIL is without merit.

Contrary to your assertion, the cases I cited in my letter of February 12, 2007, are directly relevant to the issues confronting us. In particular, Orange County Publications v. County of Orange, 637 N.Y.S.2d 596 (S.Ct. Orange County 1995) provides a thoughtful analysis leading to the conclusion that, while there might be limited specific references in the invoices that may be properly withheld, wholesale denial of access to the invoices on a blanket assertion of attorney-client privilege or work product is unreasonable under FOIL.

Your offer to create new records by providing Mr. McGloin “a record of the fees paid to Thacher Proffit & Wood LLP” in lieu of the documents requested is noted but not acceptable. He seeks the actual invoices. If they are provided, with what appear to be reasonable redactions to descriptive information you believe constitute proper exemptions under FOIL, Mr. McGloin will be happy to consider foregoing taking further action.

Please feel free to contact me if you would like to discuss the matter further. I am hopeful we can resolve it without any additional undue burden on the City or Mr. McGloin.

Very truly yours,

Debra S. Cohen

cc: New York State Committee on Open Government

------------------------------------------------------------------------------------

Don't forget to add your Yonkers FOIL stories to the Journal News Blog

2007-03-12T07:49:00.000-04:00

http://www.lohud.com/apps/pbcs.dll/article?AID=/20070311/NEWS01/703110343/1018/NEWS02

JOURNAL NEWS WELCOMES SUNSHIHE WEEK

2007-03-11T09:58:00.000-04:00

http://www.lohud.com/apps/pbcs.dll/article?AID=/20070311/NEWS01/703110343/1018/NEWS02

FOIL and the IDA. A FOIL Yonkers Special

2007-02-19T13:22:00.000-05:00

February 1, 2007 Dear Ms. Lynch: I was very sorry to hear that the YIDA Board of Directors today approved the below Resolution prior to releasing answers to the important questions and concerns the public raised at the public hearing on this matter. Agenda Item #4: "Approval of Resolution for FC Yonkers (Sales Tax Exemption on Tenant Improvements)" Public release of these questions, and the developer's responses, before a vote would be taken, was promised both at the public hearing by Board member Peter Kischak and Counsel Dennis Lynch, and at the last YIDA Board meeting of January 8, 2007. It was stated that this information would be freely provided without the submission of a FOIL request, and that public dialogue would continue until outstanding inquiries were properly addressed. Regrettably, this did not occur. (In fact, posting an agenda including this item barely 48 hours in advance of the meeting hardly gave interested residents, whose contact information you have via sign-up sheets, sufficient notice. As you are undoubtedly aware, 72 hour advance public notice is required by law for any public meeting that has been scheduled a week in advance). Yonkers residents were hopeful that your appointment as Executive Director of the Yonkers Industrial Development Agency would lead to openness and transparency in the conduct of agency business (which is indeed our, the taxpayer's, business), as intended and required by New York State law. Today's Board action is a major setback in achieving this goal and will only serve to foster public skepticism regarding the legitimacy of YIDA activities. I am therefore requesting that you meet with representatives of Community First! Development Coalition as soon as possible. Please let me know when you are available to meet. My personal e-mail address is XXXXXXX@hotmail.com. Best Regards, Deirdre Hoare Community First! Development Coalition cc: Martin McGloin, Co-founder, Community First! Development Coalition John Larkin, President, Nepera Park-Grey Oaks Neighborhood Association

Response

City of Yonkers FOIL Trail: Exclusive to FOIL Yonkers

2007-02-14T21:40:00.000-05:00

Dear Ms. Hoare:
It is true that the opinions rendered by this office are advisory. Nevertheless, the Committee on Open Government is the sole agency designated by law to provide advice and opinions concerning the Freedom of Information and Open Meetings Laws, and we have been doing so since those laws become effective in the 1970's. Further, in cases in which the courts have cited the opinions rendered by this office, they have agreed in perhaps 90 percent of those cases. Finally and most importantly, the language of the law is clear. Section 106 of the Open Meetings Law clearly states that minutes of meetings of a public body must be prepared and made available within two weeks. Similarly, the Freedom of Information Law in §89(3) prescribes time limits within which agencies must respond to requests for records; it does not authorize agencies to respond by indicating that a request "is being handled" and that an applicant will receive a response "as soon as possible."
My advice may not be binding, but the law is.

Robert J. Freeman
Executive DirectorNYS Committee on Open Government
41 State StreetAlbany,
NY 12231(518) 474-2518 - Phone(518) 474-1927 - FaxWebsite -

www.dos.state.ny.us/coog/coogwww.html

Hi Mr. Freeman. I thought you would be interested in this response I received from the Yonkers FOIL officer.

Best Regards,

Deirdre Hoare

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From: "FOIL"
To: "Deirdre Hoare"
Subject: RE: FOIL Requests of 11/17/06 and 11/18/06
Date: Tue, 13 Feb 2007 10:29:34 -0500

Ms. Hoare,

Per our conversation, your request for information pertaining to the Mayor’s Charter Revision Commission is being handled and the information will be reviewed as soon as possible.

For your information, Mr. Freeman and the Committee on Open Government are responsible for advising and furnishing advisory opinions with regard to the Freedom of Information Law. Advisory opinions issued by Mr. Freeman and the Committee carry no force of law and carry no obligation on the part of a governmental entity to follow.

Yours truly,

Eric D. Arena

FOIL Officer

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From: Deirdre Hoare [mailtoxxxxxxxxxx@hotmail.com]

To: FOIL
Cc: Eric Arena; Frank Rubino; RFreeman@dos.state.ny.us
Subject: FOIL Requests of 11/17/06 and 11/18/06
Importance: High

February 9, 2007

Dear Mr. Arena and Mr. Rubino:

Please see the below response from Mr. Robert Freeman of the NYS Committee on Open Government regarding the propriety of a written e-mail "appeal of denial."

As I have legally made my appeals to you in writing, I fully expect you to respond immediately to the following Appeals e-mailed on January 26, 2007:

1) Appeal of Denial #1: FOIL REQUEST-11-17-06

2) Appeal of Denial #2: FOIL REQUEST-11-18-06

I will also remind you that minutes of all public meetings are supposed to be available to the public no later than two weeks after the meeting is held; it is therefore most curious that you, representing the City of Yonkers, continue to ignore my requests for the agendas & minutes of the 2006 Charter Revision Commission meetings, and the public record (in the form of Mr. Barshov's notes) of the Charter Revision Commission 2006 public hearings.

I have attached my original FOIL requests again for your convenience.

Sincerely,

Deirdre Hoare
xxxxxxxxxxx@hotmail.com

******************************************
From: "Robert Freeman"
To:
Subject: RE: Dear Ms. Hoare:
Date: Mon, 05 Feb 2007 11:51:27 -0500
Dear Ms. Hoare:

I might have misunderstood your comments. I interpreted your question as
involving the propriety of making a verbal appeal. Email, however, clearly
involves a writing, and I believe that when an agency has the ability to accept
a request or an appeal transmitted via email, it is required to do so, for it
would be made in writing.

It is noted that the Freedom of Information Law was recently amended in relation
to requests made by email, as well as agencies' responsibilities to transmit
records requested vial email when they have the ability to do so. To learn more
of the amendment, information is available on our website.

I hope that I have been of assistance.

*********************************

>>> "Deirdre Hoare" wrote >>>

Thank you very much, Mr. Freeman. However, I don't quite understand since isn't
a written appeal sent via e-mail legally construed to be "in writing?" <<<<<<>
To:
Subject: Dear Ms. Hoare:
Date: Fri, 02 Feb 2007 08:48:46 -0500
Dear Ms. Hoare:

I have received your correspondence in which you asked whether the City of
Yonkers may require that an appeal made pursuant to the Freedom of Information
Law must be made in writing. In short, based on §89(4)(a) of that law, the City
may do so. That provision states in relevant part that "any person denied
access to a record may within thirty days appeal in writing such denial..."
(emphasis added).

I hope that the foregoing serves to clarify your understanding and that I have
been of assistance.

Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 - Fax
Website - www.dos.state.ny.us/coog/coogwww.html

*******************************************

>From: Deirdre Hoare
>Date: 2007/01/29 Mon AM 09:46:41 CST
>To: JMercer@dos.state.ny.us
>Cc: foil@cityofyonkers.com
>Subject: FW: RE: Appeal of Denial #1: FOIL REQUEST-11-17-06

>
>Dear Mr. Freeman,
>Can you please clarify the propriety of the below request from the City of
Yonkers FOIL officer under FOIL in New York State?
>Thank you very much for your attention to this matter.
>Sincerely,
>Deirdre Hoare
>e-mail: xxxxxxxxxxxx@hotmail.com
>xx xxxxxx xxxxxxx, Yonkers, NY 10708

-------------------------------------------------------------------------------

from :
FOIL

Sent :
Monday, January 29, 2007 9:22 AM

To :
"Deirdre Hoare"

Subject :
RE: Appeal of Denial #1: FOIL REQUEST-11-17-06
--------------------------------------------------------------------------------

You must send your appeal in writing.

Eric Arena

FOIL Officer

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From: Deirdre Hoare [mailto:xxxxxxxxxx@hotmail.com]
Sent: Friday, January 26, 2007 7:06 PM
To: Frank Rubino; Eric Arena
Cc: FOIL; JMercer@dos.state.ny.us
Subject: Appeal of Denial #1: FOIL REQUEST-11-17-06

January 26, 2007

FOIL Appeals Officer

Office of the Corporation Counsel

City of Yonkers

Dear Sirs:

I am writing to appeal the constructive denial of my FOIL request dated November 17, 2006 (attached).

I await your immediate response.

Best Regards,

Deirdre Hoare
e-mail: xxxxxxxxxxxx@hotmail.com
XX XXXXX XXXXXX, Yonkers, NY 10708

cc: Mr. Robert J. Freeman, Executive Director, Committee on Open Government
--------------------------------------------------------------------------------

From: "Deirdre Hoare"
To: FOIL@cityofyonkers.com
CC: xxxxxxxxxxxx@hotmail.com
Subject: FOIL REQUEST-11-17-06
Date: Fri, 17 Nov 2006 18:56:10 -0500

Please see the attached FOIL request.

Thank you.

Deirdre Hoare

Date: 11/17/06