NEW BUSINESS

Freedom of Information Law Request – Appeal

The Town Clerk had received a request on Wednesday, May 2, 2007 for a “..back up copy of the RPS Assessment Database system; copy [to] be as of 5/1/07 or the same information as the tentative roll for 2007. Information is requested to be delivered on a computer CD.” The request had been forwarded to the Assessor on Monday, May 7, 2007, after which the Assessor provided a CD to the Town Clerk on May 21, 2007. The applicant obtained the CD on May 21, 2007; however, on May 22, 2007 the applicant notified the Town Clerk that the CD received “…did not contain the information we requested. The CD had two Access databases, and was not a copy of the assessment database. The Access database provided to us on a CD yesterday are missing about 200 parcels in the Town of New Hartford. [Our} request was for a CD containing a copy of the RPS Assessment database as of May 1, 2007 with the Tentative Assessment Roll. This would be the same assessment database copy that we finally ended up getting as a result of our FOIL of last August except with the 2007 Tentative Roll included this time.” After the Town Clerk notified the Assessor of the applicant’s contention on May 23, 2007, the Assessor provided a copy of a Court Case [Matter of Application of Comps, Inc. v Town of Islip; 2006 NYSlipOp 07476; October 17, 2006, Appellate Division, Second Department] wherein the Court determined that certain assessment information could be withheld. The Town Clerk forwarded a copy of this Court decision to the applicant on June 11, 2007. The applicant then filed an Appeal to their May 2, 2007 FOIL request, said Appeal having been received by the Town Clerk on July 2, 2007 and referred to the Town Board, the Appeals’s body, on July 3, 2007. [NOTE: The referenced Court Decision applies to commercial use, which is not the case with this current request.]

Discussion ensued with the Town Clerk confirming that in 2006 the Assessor had provided the full information as requested by the applicant, for the 2006-year. Thereafter, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Waszkiewicz:

(RESOLUTION NO. 166 OF 2007)

RESOLVED that the New Hartford Town Board does hereby approve the Freedom of Information Law Appeal filed by James M. Lawrence on July 2, 2007 with regard to his May 2, 2007 FOI request for a copy of the RPS Assessment database system and that Assessor Paul Smith is hereby authorized and directed to release the requested information to Mr. Lawrence, said information to be used in a manner as approved previously by the Town Board.

The Supervisor polled the Board members who voted as follows:

Councilman Waszkiewicz - Aye

Councilman Woodland - Aye

Councilman Reynolds - Aye

Councilman Payne - Nay

Supervisor Reed - Aye.

The Supervisor declared the Resolution carried and duly ADOPTED.