1 1/2 MONTHS AFTER the initial story,
- the related FOIL request
- and the City's refusal to address IPD's belligerence
toward PRESS/Public inquiry into the matter:
re: FOIL Request for Records
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July 13, 2012
Re: FOIL Request Received in the City Clerk's Office on June 4, 2012
Our FOIL Record No. 252
Dear Mr. (Journalist):
Please be advised that your FOIL request wherein you requested “… ANY and ALL documents, records, and information created by and/or in the possession of, the City of Ithaca and/or the Ithaca Police Department, originating between the dates of 5-20-12 and the present, regarding: 1.) the Bank of America located on the Ithaca Commons…” has been reviewed a second time, and is granted in part and denied in part.
Because your original request appeared to be a request for police reports [actual original request is below], your original request was sent to the Ithaca Police Department only. After a diligent search, the IPD Records Department located two records responsive to your request and our office released them to you via e-mail on June 7, 2012. You replied to the e-mail and requested:
… the rest of the records, particularly the audio recording of my phone call with Sgt. Lawrence that Chief Vallely has confirmed for me IPD is in possession of? The phone call that I placed to the dept. last week, was made at 11:51am on Wednesday, May 30th. It took several minutes for Sgt. Lawrence to be connected to me. That should help in locating it.
This was converted into a new request (FOIL No. 276). IPD retrieved the audio file, and a copy was sent to you via e-mail on June 15, 2012.
I understand that in a recent article you wrote for the Occupy New York website, you expressed concern that the City had not released all documents in response to your request. Therefore, your original request has been reviewed anew. The Ithaca Police Department confirmed that no further responsive records were located within that department.
In an effort to retrieve all other responsive documents, the Information Technology Department performed an e-mail search and identified additional responsive records.
Please be further advised that 7 pages have been withheld pursuant to New York Public Officers Law § 87(2)(g). The pages consist of internal e-mail messages exempt from FOIL disclosure because they are intra-agency materials that are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits.
Please be further advised that portions of the reports (i.e., names and personal information of involved persons) have been withheld on the ground that disclosure would constitute an unwarranted invasion of personal privacy in accordance with §87(2)(b) of the Public Officers Law.
The responsive documents total 77 pages, and at a cost of $.25 per page, your total cost will be $19.25. Please send a check in the amount of $19.25, payable to the City of Ithaca, to the City Attorney's Office, 108 East Green Street, Ithaca, New York14850, and the documents will be copied and mailed to you. Please call our office to make arrangements ahead of time, if you wish to pick up the records in person.
If you believe there are other records in the City’s possession which are responsive to your request, please submit a FOIL request that specifically describes the type of record(s), date or time frame of such, and possible department(s) in possession of the record(s) you seek.
If you wish to appeal this decision, you may do so in writing to the Mayor within thirty (30) days at 108 E. Green Street,Ithaca, New York 14850.
Sincerely,
Krin Flaherty
Assistant City Attorney
JOURNALIST's IMMEDiATE REPLY
to the City Attorney's Office
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6 Points in Response to your out of the blue e-mail:
- No such e-mail was sent to me "on June 15th" and no audio file was ever provided to me. Oddly enough, I have received every single e-mail from your office except for the exact one that you are now claiming was sent to me on June 15th... that's really odd...
- In fact, my almost immediate response to your first inadequate FOIL fulfillment on June 7th went completely unanswered - though it addressed at least one specific lack of fulfillment on the part of the City.
----------------------- Why am I only hearing from you NOW - over a MONTH later?! - If the initial docs request was granted "to the extent that they exist" complete with a fee-waiver - how can you now suddenly deny the fee-waiver for the rest of what you had initially failed to provide - while at the same time claiming some kind of 'honest mistake' on failing to initially fulfill or 'delayed fulfillment'?! You're not very good at this, are you?
- This story was months ago!!! The City has effectively obstructed it. This was really a missed opportunity to show transparency and accountability - that problems arise, but can be admitted to and corrected. I waited patiently after being treated with belligerence by an IPD Sgt., given an apparent dog and pony show of a meeting with an unprepared Police Chief who made promises he never kept. I almost lost my chance to 'break' the initial story due to my patience and willingness to work with the City to clear up their IPD 'belligerence-with-the-public' issue. I waited on the whole story, hoping to keep the two issues separate and the IPD issue solved - as I believed it would be. I waited like a fool. I guess the joke's on me... and the free press ...and such a society that deserves a free press, an accountable Police Department, an accountable government, a population of adults who can speak directly and honestly with each other - you know, fiction.
- Either deliver the docs or don't. I'm not buying what you're selling - nor am I interested in excuses or cover-ups. I really don't care for political games or legal-wrangling. I'm just not interested. You can ask Svante about that, but then, I'm pretty sure he foolishly approved this new and SUDDEN course of action of yours. It's full of holes. Stop bothering me with nonsense. If you have the docs -all of the sudden - then I'll take them, but spare me the PR amateur-hour.
- The article I wrote was for Tompkins Weekly.
Try Again.
- Journalist
JUST TO BE CLEAR ABOUT WHAT it
ACTUALLY "APPEARED TO BE" regardless of the current claims of the City Attorney's office...
- NOW, HERE IS -
THE ORIGINAL FOIL REQUEST
filed only after being forced to
for "ANY" information on IPD calling Rev. Rose
on behalf of the Bank of America on the Commons
on behalf of the Bank of America on the Commons
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This is an official FOIL request for ANY and ALL documents, records, and information created by and/or in the possession of, the City of Ithaca and/or the Ithaca Police Department, originating between the dates of 5-20-12 and the present, regarding:
1.) the Bank of America located on the Ithaca Commons
2.) Bank of America
3.) Reverend Rich Rose of the First Baptist Church of Ithaca
4.) the First Baptist Church of Ithaca
5.) Journalist (a.k.a. Journalist)
6.) ANY and ALL police involvement with the above mentioned matters, in the above mentioned time frame.
This should include ALL incident reports / police reports, audio recordings, video recordings, memos, notes, meeting records, and e-mails between or by ANY and ALL police personnel, city employees, and elected officials.
This request shall also serve as a requested waiver of any and all associated copy fees. Delivery by e-mail is requested.
- Journalist
The City has apparently decided
to try to COVER THEIR OWN ASS,
and to sweep their Police Department's bad behavior under the rug rather than to sincerely handle the problem - with any dignity.
Your PUBLIC Institutions
BELONG to YOU!
Stand Up & Reclaim them!
TELL YOUR City Officials,
that THEIR old world
Secrecy and Paranoia
is NOT O.K. in O.K. in
YOUR COMMUNITY
TELL THEM to INVESTIGATE abuses
within the City & Police Department -
NOT to just cover them up by
obstructing inquiry:
obstructing inquiry:
Common Council: Meets the 1st Wednesday of each month at 6:00 p.m.
the City's Attorney's Office
Fourth Floor, City Hall, 108 East Green Street, Ithaca, NY 14850
City Attorney: Aaron (Ari) Lavine
Assistant City Attorney:
Krin Flaherty
Phone: (607) 274-6504
Fax: (607) 274-6507
e-mail: attorney@cityofithaca.org
__________________________________________________
CONTACT YOUR CITY OFFICIALS
remind them who they work for
- hold YOUR CITY accountable -
