Latest news with #FOIL
Yahoo
18-05-2025
- Politics
- Yahoo
Nassau County exec tears into Dems, demands they pay legal bills for trying to stop armed volunteer program
Nassau County Executive Bruce Blakeman tore into county Democrats who are suing to try to block his plan for a volunteer force of armed civilian deputies — calling it a politically motivated attack. The Republican argued in a newly filed counterclaim that the suit from two Democratic legislators was an attempt to 'punish, intimidate and harass' him over the deputy program, which critics have called a 'militia.' 'They brought a lawsuit against me to try to get me to not speak out about issues I think are important,' Blakeman said in a statement. 'They are trying to violate — not only my rights as an individual citizen — but my rights as county executive to represent the people of Nassau County.' Blakeman's attorneys said the lawsuit qualifies as a Strategic Lawsuit Against Public Participation, or SLAPP, and they're now asking for a judge to toss the case and force the Dems to pay his legal fees. The first court hearing is set for June 19 in state Supreme Court in Mineola — a high-stakes showdown that could set precedent for how far local governments can go in enlisting armed civilians for public safety efforts. Last year, Blakeman announced the plan and said all he's done is create a database of potential volunteers who were vetted and trained to assist in 'very extreme circumstances' when county police are overwhelmed. Blakeman claims the program is fully legal and rooted in public safety concerns — but critics like county Legislature Minority Leader Delia DeRiggi-Whitton blasted the force as a 'militia,' comparing them to untrained Nazi civilian forces. 'There was something called the brownshirts, which was basically having civilians all of a sudden become part of law enforcement without the training,' she said, comparing the policies. The lawsuit filed Feb. 4 by Democratic Legislators Debra Mulé and Scott Davis argued Blakeman violated municipal law by unilaterally creating the 'provisional special deputies program' using public funds — and then stonewalling FOIL requests for basic information about how it works. The suit claims the program includes expenses that qualify as illegal spending of taxpayer money — including shelling out funds for background checks, conducting random drug screening, providing training, and a $150-per-day stipend when they are activated. Carey Dunne, attorney for Mulé and Davis, slammed Blakeman's SLAPP counterclaim as a dangerous overreach, and said the case could have sweeping consequences nationwide if Blakeman's argument gains traction. 'You can't have political actors in this country allowed to sue private citizens for exercising their constitutional rights,' Dunne said, noting that while the plaintiffs are lawmakers, they filed as private residents and taxpayers. 'The initial impetus for filing the lawsuit was to discourage the government from creating a private militia. Now there are two dimensions to this case,' Dunne said. 'If that [SLAPP argument] were to take hold, that would be a serious setback for civil liberties.'
New York Post
18-05-2025
- Politics
- New York Post
Nassau County exec tears into Dems, demands they pay legal bills for trying to stop armed volunteer program
Nassau County Executive Bruce Blakeman tore into county Democrats who are suing to try to block his plan for a volunteer force of armed civilian deputies — calling it a politically motivated attack. The Republican argued in a newly filed counterclaim that the suit from two Democratic legislators was an attempt to 'punish, intimidate and harass' him over the deputy program, which critics have called a 'militia.' 'They brought a lawsuit against me to try to get me to not speak out about issues I think are important,' Blakeman said in a statement. 'They are trying to violate — not only my rights as an individual citizen — but my rights as county executive to represent the people of Nassau County.' Advertisement Nassau County Executive Bruce Blakeman ripped county Democrats for suing to block his plan to create a volunteer force of armed civilian deputies. Dennis A. Clark Blakeman's attorneys said the lawsuit qualifies as a Strategic Lawsuit Against Public Participation, or SLAPP, and they're now asking for a judge to toss the case and force the Dems to pay his legal fees. The first court hearing is set for June 19 in state Supreme Court in Mineola — a high-stakes showdown that could set precedent for how far local governments can go in enlisting armed civilians for public safety efforts. Advertisement Last year, Blakeman announced the plan and said all he's done is create a database of potential volunteers who were vetted and trained to assist in 'very extreme circumstances' when county police are overwhelmed. Blakeman claims the program is fully legal and rooted in public safety concerns — but critics like county Legislature Minority Leader Delia DeRiggi-Whitton blasted the force as a 'militia,' comparing them to untrained Nazi civilian forces. 'There was something called the brownshirts, which was basically having civilians all of a sudden become part of law enforcement without the training,' she said, comparing the policies. Advertisement The lawsuit filed Feb. 4 by Democratic Legislators Debra Mulé and Scott Davis argued Blakeman violated municipal law by unilaterally creating the 'provisional special deputies program' using public funds — and then stonewalling FOIL requests for basic information about how it works. The suit claims the program includes expenses that qualify as illegal spending of taxpayer money — including shelling out funds for background checks, conducting random drug screening, providing training, and a $150-per-day stipend when they are activated. Carey Dunne, attorney for Mulé and Davis, slammed Blakeman's SLAPP counterclaim as a dangerous overreach, and said the case could have sweeping consequences nationwide if Blakeman's argument gains traction. 'You can't have political actors in this country allowed to sue private citizens for exercising their constitutional rights,' Dunne said, noting that while the plaintiffs are lawmakers, they filed as private residents and taxpayers. Advertisement 'The initial impetus for filing the lawsuit was to discourage the government from creating a private militia. Now there are two dimensions to this case,' Dunne said. 'If that [SLAPP argument] were to take hold, that would be a serious setback for civil liberties.'
Yahoo
18-04-2025
- Business
- Yahoo
Gazette weighing legal options after Wydysh denies FOIL appeal
The Niagara Gazette and the Lockport Union-Sun & Journal are weighing their legal options in light of Niagara County's continued insistence that the news outlets pay costs associated with scanning, redacting and copying public employee timesheets requested in electronic form as part of a Freedom of Information Law request filed in February. In a letter dated April 10, Niagara County Legislature Chair Rebecca Wydysh, R-Lewiston, denied the newspapers' appeal of the county's FOIL request response dated March 14. In the county's response, human resources director Peter Lopes identified 1,129 pages as 'potentially responsive' to the newspapers' request for timesheets submitted by attorneys working for the public defender's office between Jan. 1, 2023 and Feb. 10, 2025. In his letter, Lopes indicated that the county could make the documents available at a cost of $356.83. Lopes also proposed a less expensive option, estimated at $282.25, that would allow a reporter to conduct an in-person inspection of physical copies of redacted timesheets. The second option included a requirement that the reporter be accompanied by an assigned county employee, at the newspapers' cost, during the in-person inspection. 'An employee will sit with you while you inspect the records,' Lopes wrote. 'If time exceeds 120 minutes, you will be charged for that employee's time at their hourly rate.' In an appeal sent to Wydysh on behalf of the newspapers, attorney Michael Higgins from the law firm Ernstrom & Dreste in Rochester argued that the county has no legal right under state law to charge by the page for copies of documents requested in electronic form. He also suggested the county's 'purported inability to scan documents without making physical copies' stretched 'the bounds of credulity.' Higgins' appeal also asserted that the county's attempt to charge fees for administrative time to prepare photocopies of records is prohibited under state law and that it is 'improper' to charge the newspapers to allow a reporter to inspect records and to have those records redacted. 'Niagara County's attempts to charge for prohibited items and to unnecessarily copy documents to induce a charge is a transparent attempt to frustrate (the newspapers') FOIL request and avoid its obligations under the Freedom of Information Law,' Higgins wrote. In her response, Wydysh restated the county's position that it is necessary to make physical copies of the requested documents so they can be redacted and scanned because some of the attorney timesheets 'may reflect medical or sick leave that is protected under HIPAA and exempt from FOIL disclosure.' In addition, Wydysh argued, as Lopes did before her, that based on the volume of records, the human resources department would have to attach each pay period to a separate email, which would require staff time that the county would need to be reimbursed by the newspapers. 'Public Officer's Law requires an agency to send records electronically so long as the effort to effectuate that does not exceed the effort necessary for an alternative method of responding,' Wydysh wrote. 'Because of the necessity of reviewing the timesheets for compliance with HIPAA, and redacting portions of records that contain protected information, before scanning, it would be more labor intensive to scan the timesheets. In that circumstance, an agency is not required to provide the records electronically.' Wydysh, citing a section of New York's Public Officer's Law, argues that the county is permitted to charge a fee based on the cost of the storage medium used, as well as the hourly salary of the lowest paid employee who has the skill needed to fulfill the request. Wydysh noted that the county advised the newspapers that the rate in this case would be $40.17 per hour. As to the in-person inspection option, Wydysh indicates that the county would make available copies of the timesheets at a cost of 25 cents per page but would not allow a reporter to take pictures of the records. She also noted that it is the county's position that a staff member would need to sit in on the records inspection and that the newspapers would be charged 'any time over two hours.' 'The human resources department was still willing to satisfy your client's preference to receive records electronically, but your client would be charged for the time associated with copying, reviewing, redacting, scanning in the records and attaching,' Wydysh wrote in her letter denying the newspapers' appeal. The newspapers can file an Article 78 proceeding in court to challenge Wydysh's denial of their appeal to the county's initial FOIL response.
Yahoo
17-04-2025
- Business
- Yahoo
Papers weighing legal options after Wydysh denies FOIL appeal
The Niagara Gazette and the Lockport Union-Sun & Journal are weighing their legal options in light of Niagara County's continued insistence that the news outlets pay costs associated with scanning, redacting and copying public employee timesheets requested in electronic form as part of a Freedom of Information Law request filed in February. In a letter dated April 10, Niagara County Legislature Chair Rebecca Wydysh, R-Lewiston, denied the newspapers' appeal of the county's FOIL request response dated March 14. In the county's response, human resources director Peter Lopes identified 1,129 pages as 'potentially responsive' to the newspapers' request for timesheets submitted by attorneys working for the public defender's office between Jan. 1, 2023 and Feb. 10, 2025. In his letter, Lopes indicated that the county could make the documents available at a cost of $356.83. Lopes also proposed a less expensive option, estimated at $282.25, that would allow a reporter to conduct an in-person inspection of physical copies of redacted timesheets. The second option included a requirement that the reporter be accompanied by an assigned county employee, at the newspapers' cost, during the in-person inspection. 'An employee will sit with you while you inspect the records,' Lopes wrote. 'If time exceeds 120 minutes, you will be charged for that employee's time at their hourly rate.' In an appeal sent to Wydysh on behalf of the newspapers, attorney Michael Higgins from the law firm Ernstrom & Dreste in Rochester argued that the county has no legal right under state law to charge by the page for copies of documents requested in electronic form. He also suggested the county's 'purported inability to scan documents without making physical copies' stretched 'the bounds of credulity.' Higgins' appeal also asserted that the county's attempt to charge fees for administrative time to prepare photocopies of records is prohibited under state law and that it is 'improper' to charge the newspapers to allow a reporter to inspect records and to have those records redacted. 'Niagara County's attempts to charge for prohibited items and to unnecessarily copy documents to induce a charge is a transparent attempt to frustrate (the newspapers') FOIL request and avoid its obligations under the Freedom of Information Law,' Higgins wrote. In her response, Wydysh restated the county's position that it is necessary to make physical copies of the requested documents so they can be redacted and scanned because some of the attorney timesheets 'may reflect medical or sick leave that is protected under HIPAA and exempt from FOIL disclosure.' In addition, Wydysh argued, as Lopes did before her, that based on the volume of records, the human resources department would have to attach each pay period to a separate email, which would require staff time that the county would need to be reimbursed by the newspapers. 'Public Officer's Law requires an agency to send records electronically so long as the effort to effectuate that does not exceed the effort necessary for an alternative method of responding,' Wydysh wrote. 'Because of the necessity of reviewing the timesheets for compliance with HIPAA, and redacting portions of records that contain protected information, before scanning, it would be more labor intensive to scan the timesheets. In that circumstance, an agency is not required to provide the records electronically.' Wydysh, citing a section of New York's Public Officer's Law, argues that the county is permitted to charge a fee based on the cost of the storage medium used, as well as the hourly salary of the lowest paid employee who has the skill needed to fulfill the request. Wydysh noted that the county advised the newspapers that the rate in this case would be $40.17 per hour. As to the in-person inspection option, Wydysh indicates that the county would make available copies of the timesheets at a cost of 25 cents per page but would not allow a reporter to take pictures of the records. She also noted that it is the county's position that a staff member would need to sit in on the records inspection and that the newspapers would be charged 'any time over two hours.' 'The human resources department was still willing to satisfy your client's preference to receive records electronically, but your client would be charged for the time associated with copying, reviewing, redacting, scanning in the records and attaching,' Wydysh wrote in her letter denying the newspapers' appeal. The newspapers can file an Article 78 proceeding in court to challenge Wydysh's denial of their appeal to the county's initial FOIL response.
Yahoo
29-03-2025
- Business
- Yahoo
Newspapers appeal county charges for public defender's office timesheets
An attorney representing the Niagara Gazette and Lockport Union-Sun & Journal has filed an appeal in response to Niagara County's attempt to charge hundreds of dollars for providing copies of public employee timesheets the newspapers requested in electronic form as part of a Freedom of Information Law request. In a request dated Feb. 10, 2025, the newspapers sought copies of timesheets submitted by attorneys working for the Niagara County Public Defender's office between Jan. 1, 2023, and Feb. 10, 2025. The county responded on March 14, indicating that it had identified 1,129 pages as potentially responsive while suggesting it took 'extensive time' to sort through the documents given the 'level and scope' of the request. The county's response, signed by Human Resources Director Peter Lopes, contends that complying with the newspapers' request would require the county to scan the timesheets so they can be redacted before they can be sent digitally. Lopes' letter asserts the cost for the process would be 25 cents per page or a total of $282.25. However, the letter also indicates that the county intends to charge the newspapers a higher amount — $356.83 in total — due to the cost involved for the county employees assigned to do the work. According to Lopes, the added personnel cost involves charges for two and a half hours of work at a rate of $49.72 per hour that one county employee already put into the task as well as two hours of work from another county employee who earns $40.17 per hour. In addition, Lopes claims the records in question would have to be scanned and attached to an email for each pay period covered under the FOIL request, which equals 56 in total. 'An additional three hours is expected to accomplish that,' Lopes wrote in his letter. In its response, the county indicated that copies of the timesheets would not be made until payment was received and that the fees 'will not be waived.' The letter does extend an offer to the newspapers to accept a less expensive option — an in-person inspection of physical copies of the redacted timesheets by a reporter who would need to be accompanied by an assigned county employee. Lopes' letter indicates that the cost for that option would be $282.25 while suggesting a reporter from the newspaper would not be able to take pictures of any documents during the in-person inspection and that any copies requested would cost 25 cents per page. 'An employee will sit with you while you inspect the records,' Lopes wrote. 'If time exceeds 120 minutes, you will be charged for that employee's time at their hourly rate.' The county confirmed, in response to a question from the newspapers, that the employee who would be assigned to oversee the inspection of the records would be Joseph Provino, a Niagara County labor relations manager who would 'witness and observe' a reporter's 'reviewing of the documents' at an hourly rate of $49.79. 'This cost would, of course, be in addition to the previous costs mentioned to you in Mr. Lopes' response to you,' Lopes' confidential assistant Carla Fatau said in an emailed response to the newspapers' question. Municipal governments are allowed, under limited circumstances prescribed by law, to redact — or black out — pieces of sensitive information, such as employee Social Security numbers, before releasing public documents. New York's FOI Law allows public agencies to charge 25 cents per page for records up to 9 inches by 14 inches and the actual cost of reproduction for larger or color copies. Electronic formats are generally provided at no charge if available. If records are provided on CD, DVD, or other digital media, public agencies may attach a fee for the cost of the media itself, however, they cannot charge for the cost of employee time to prepare the records and cannot charge for employee time spent searching, reviewing, or redacting records, unless the request involves records larger than 9-inches by 14-inches. COSTS DISPUTED Paul Wolf, a Williamsville attorney who founded the New York Coalition for Open Government, a non-profit organization that advocates for transparency and openness in government statewide, summed up the county's response to the newspapers' FOIL request for copies of public employee timesheets in one word: 'Absurd.' Michael Higgins, an attorney with the law firm Ernstrom & Dreste in Rochester, filed the appeal on behalf of the newspapers. In the appeal, sent to Niagara County Legislature Chairwoman Rebecca Wydysh, R-Lewiston, Higgins noted that the county has no legal right under state law to charge by the page for copies of documents requested in electronic form, adding that the county's 'purported inability to scan documents without making physical copies stretches the bounds of credulity.' 'Every modern office, including Niagara County, has the ability to scan existing paper records, to convert electronic records into pdfs, and to electronically redact,' Higgins wrote. 'Even if Niagara County has no licenses for the most common pdf software with this capability, there are several free tools available online that will redact pdfs including and Higgins also asserts that the county's attempt to charge fees for administrative time to prepare photocopies of records is prohibited under New York State Public Officers Law. His letter asserts that it is 'improper' to charge the newspapers to allow a reporter to inspect records and to have those records redacted. 'Niagara County's attempts to charge for prohibited items and to unnecessarily copy documents to induce a charge is a transparent attempt to frustrate (the newspapers') FOIL request and avoid its obligations under the Freedom of Information Law,' Higgins wrote. LAW FIRM PROBE The newspapers sought copies of the timesheets in the wake of the legislature's Jan. 22 decision to require the top two attorneys in the public defender's office — Nick Robinson and Vince Sandonato — to resign from their jobs as chief public defender and first deputy public defender, respectively. The decision followed a closed-door session of the legislature where county lawmakers were briefed on the findings of an investigation of the public defender's office by the private law firm Bond, Schoeneck & King. The county hired the firm to conduct the review in response to a complaint filed by a female attorney working for the public defender's office. Both attorneys were placed on paid administrative leave pending the outcome of the investigation. County officials have refused to disclose any details of the investigation or the findings of the law firm's probe. The county has also denied the newspapers' request for copies of any work product produced over the course of the roughly two-month investigation, which cost county taxpayers $23,192 in legal expenses. While Robinson complied with the legislature's mandate that he resign effective Feb. 3, Sandonato remains employed by the county, albeit in a different role. Weeks after requesting that he resign as a public defender, the legislature agreed to hire Sandonato as the county's Medicaid fraud specialist. The full-time job pays $115,000 per year, down from Sandonato's previous salary with the public defender's office of $150,000.
