Niagara County denies another newspaper info appeal
Niagara County is refusing to release a redacted copy of reports compiled, at taxpayer expense, by a private law firm hired to review the conduct of attorneys working for the public defender's office.
In a letter dated April 15, county Legislature Chair Rebecca Wydysh, R-Lewiston, indicated that the county has denied the Niagara Gazette and Lockport Union-Sun & Journal's appeal of its denial of a Freedom of Information Law request that sought redacted copies of two reports compiled following an investigation of the public defender's office by Bond, Schoeneck & King of Buffalo.
The newspapers sought, in a Freedom of Information Law request sent to the county in March, a copy of any work product produced by the law firm, which was paid $23,192 to oversee the roughly two-month probe that took place last November and December.
The county denied the request, while acknowledging the law firm produced two reports — one 12 pages long and a second that included 14 pages. In its denial, the county argued both reports constitute an 'attorney work product' and are, therefore, protected from public release as they represent information disclosed under 'attorney-client privilege.'
The newspapers appealed the county's decision, requesting another review and the release of both reports, allowing for information to be redacted in keeping with state law which bars the public release of certain types of information, including personal data such as Social Security numbers.
The county hired Bond, Schoeneck and King to conduct what they described as an 'independent, third-party review' of operations and staff in response to a complaint filed by a female attorney working for the public defender's office. The complaint resulted in the office's top two attorneys — chief public defender Nicholas Robinson and his first deputy Vince Sandonato — being placed on paid administrative leave amid the law firm's investigation.
The law firm's findings were shared privately in executive session with members of the county legislature during a meeting on Jan. 21. During that meeting, county lawmakers accepted the law firm's recommendations to remove Robinson and Sandonato from their positions. The legislature also agreed during the meeting to accept Robinson's resignation, effective Feb. 3, and to hire veteran Erie County private defense attorney Herb Greenman as his replacement.
Robinson did resign and left the public defender's office. Sandonato is no longer in his position as first deputy public defender but was hired by the county to work as a Medicaid fraud specialist in February.
In denying the newspapers' appeal, Wydysh described both reports as being 'submitted to the firm's client after research and analysis on an issue the firm was specifically hired to examine and advise on.'
'The reports are the culmination of reflection and thought process of members of a firm that utilized their professional skill to render opinions based upon legal analysis of an issue,' Wydysh wrote. 'That legal analysis and opinion was discussed to its client in a confidential manner for the purpose of rending legal advice. Based upon the foregoing, your appeal is denied.'
Wydysh's denial letter did not address the newspapers' contention that, by law, the county has a minimum obligation to release copies of both reports with allowable redactions.
The county's latest denial of a FOIL request appeal from the newspapers follows an earlier decision on a different matter in which Wydysh maintained, against the newspapers' objections, that the county can require payment for costs associated with scanning, redacting and copying timesheets filed by attorneys working for the public defender.
The newspapers filed their initial FOIL request in February, seeking copies of timesheets filed by county public defenders between Jan. 1, 2023 and Feb. 10, 2025.
The county has offered to make copies of the timesheets available at a cost of $356.83, or to allow a reporter to conduct an in-person inspection of physical copies of redacted timesheets. Due to a county requirement that the reporter would need to be accompanied by an assigned county employee at the time of inspection, the estimated cost of that option is $282.25.
Micheal Higgins, an attorney who filed the appeal on behalf of the newspapers in the timesheet case, argued that the county has no legal right to charge for the reproduction of public documents requested in electronic form under the state's Freedom of Information Law.
In both FOIL request denials, the newspapers have the right to file article 78 proceedings in court in an effort to challenge the county's decisions.
The newspapers are weighing their legal options.
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