This is an open letter to New Rochelle City Manager Chuck Strome regarding the repeated failures of City Clerk Bennie Giles to abide by the New York State Freedom of Information Law.
Mr. Strome,
Despite Mr. Giles best efforts to obfuscate the issue, there are numerous outstanding FOIL requests not just one. I have made every effort to work with him on a positive basis — to give him time to get adjusted to his “new” position as City Clerk — and the result has not been very good.
Shortly before the Labor Day weekend Mr.Giles approached me in City Hall and emphatically stated that he would have all the records I had requested going as far back as June but that he needed “just a few more days” and that he would “definitely” provide the records I had requested by Friday September 10, 2010. That did not happen. As a result, I raised the issue during the Citizens to be Heard session a few days later. Afterwards Mr. Giles assured me again that he would get me all the records but that I had to “work with him”. I informed him that I had been “working with him” for months without much to show for it and I would have to insist that he follow the New York State Freedom of Information Law — that he formally notify me that he had received a given request, that he send me a decision to grant or deny a request within the proscribed time and manner and so forth.
I have already addressed Mr. Giles absurd statements regarding the salary information — a standard FOIL request — I have been seeking for over two months.
Let me try this one last time before I proceed through the appeals process this week.
Over the summer, in trying (at his request) to “work with him”, I provided Mr. Giles information on two long-standing requests that were never filled and told him I would begin to stagger out further requests so as not to overwhelm him.
The two older requests that I resubmitted were…
2008 – Fire Inspection Report for lightening strike at New Rochelle High School.
2009 – Hybrid Electric Garbage Truck Two requests in 2009, re-request in summer of 2009.
From that point forward I began submitting new requests…
June 3, 2010 – Inspect all files and folders related to the Ward Acres Community Garden (WACG) including but not exclusively all application forms filed with the City of New Rochelle since the inception of the program, all communications between the City of New Rochelle and the WACG Steering Committee and any agreements with third parties including H.O.P.E. Community Services Soup Kitchen, Habitat for Humanity, Bulfamonte Nurseries, Westchester County and other organization.
June 9, 2010 – A letter or other communication from Entertainment Property Trust sent to the City of New Rochelle or a related agency (IDA, Zoning, Planning, City Council) regarding the recent change of management at New Roc City.
June 16, 2010 – Documents on civil service tests given in February 2010 for school security guard positions.
August 12, 2010 – Employee List with title, salary, time of hire, OT, etc.
August 12, 2010 – A document that explains the City’s position on the process of a special election as it pertains to the District 3 seat.
September 7, 2010 – Review Files and Folders for Truck G-29
September 7, 2010 – Review Files and Folders for Truck G-13
September 7, 2010 – Review Files and Folders for Truck G-9
September 7, 2010 – Review Files and Folders for Truck A-35
September 7, 2010 – Review Files and Folders for Truck G-35
I have gotten a series of confusing, contradictory replies — some via emails, some in person and none resulting in my getting these records. What I do not seem to ever get is what is called for in the law — a confirmation of receipt of my request and a decision whether to grant or deny my request BASED ON THE LAW.
Mr. Giles has offered up all manner of excuses none of which justify his failing to make available these records.
I will provide a few examples:
1. Mr. Giles has claimed that my request for an employee salary list with all available, FOILABLE data be provided (Employee List with title, salary, time of hire, OT, etc). The City knows perfectly well what I am seeking here as this information is provided regularly to both Talk of the Sound and the Journal News. Mr. Giles discussed this with me after sending me an email in which he claimed my request was “vague”. It is not vague but after clarifying the matter with Mr. Giles he said he understood what I wanted and would get it. Only in his email last week did he once again re-assert his false claim that he does not understand my request.
2. Mr. Giles has denied that there is any document that explains the City’s position on the process of a special election as it pertains to the District 3 seat. This is false and he knows this. I told Mr. Giles that Kathy Gill circulated an email on this topic. After the City Council meeting on 9/15, I again raised this item to Mr. Giles and he again denied there was any such document. I informed him that Council Member Richard St. Paul had confirmed that this email existed. He stated that Mr. St. Paul was wrong. Richard St. Paul happened to be standing five feet away so I asked him to resolve the issue. Richard St. Paul confirmed to Mr. Giles the existence of the email at which point I asked Mr. Giles to provide it and he agreed to do so. That was five weeks ago and I still do not have that email.
3. Mr. Giles has claimed that he would have to redact my request for information on the Ward Acres Community Garden because the names of people who obtained permits for plots at the garden was private. There is no need for him to tell me that; he can simply redact the information. Regardless, I told him to go ahead and redact what could be legally redacted but to provide me the records. He has never provided that information. I might also point out that the plots in the garden at Ward Acres are all labeled with the names of the permit holders. As the garden is in a public park I would dispute the claim that permit holders are expecting any privacy since they are proudly displaying their names on their plots.
This entire FOIL process has turned into a sick joke. Meanwhile, Mr. Giles is sending emails providing me assurances about the City’s commitment to transparency. It’s great that City Council meetings are on TV but that doesn’t really help me with getting access to public records now does it?
If the City wishes to DENY any of these requests I would ask that they do so and state a REAL REASON for doing so so that I can appeal them through the proper channels. If the City intends to grant these requests then I would ask that every effort be made to turn them over forthwith. One way or another you have got to start following the law and quit the games.
For the record, I would note that there are two departments where I go in person to obtain public records without the direct involvement of Mr. Giles in presenting my FOIL requests: NRPD and the Building Department. Captain Kevin Kealy of the New Rochelle Police Department and Paul Vacca of the Building Department have been nothing but professional. They have complied with the law and provide records upon request well within the time limits required under New York State Law. Mr. Giles would do well to learn from their example.
Thanks
Robert Cox
Managing Editor
New Rochelle’s Talk of the Sound
Political Hack
The city clerk position is a political appointment so what should we expect from a political hack? Mr. Giles is inept as the controller of city records and many people have complained about his delay if not total disregard concerning FOIL requests. While appeals of FOIL requests go to the city manager it is Bramson and the democrats on council who control Giles as he serves at the pleasure of council.
Your Remedy is an Order to Show Cause in White Plains
They would then have to comply. Giles has an obligation as clerk to uphold Foil regardless of how he is directed by Strome. Make sure your paperwork clearly bring Giles as a named party to your action. His excuse directed by Strome will hold little weight in fact if I am Giles I am asking the City of New Rochelle to what extent they are going to represent him in this matter. Giles is on the hook.
What are they hiding?
When will the folks at shitty hall realize that Bob Cox is a legitimate news person. They just want a bunch of yes men or women, who ask no questions. An informed constituant is their worst enemy.