Latest news with #NiagaraCountyLegislature
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
12-04-2025
- Business
- Yahoo
Niagara County seeking extension of 'Medicaid penny'
Niagara County's so-called 'Medicaid penny' — a 1% additional sales tax imposed more than two decades ago to help defray costs of the low-income health insurance program — may be extended for another two-year period through Nov. 30, 2027. Members of the Niagara County Legislature voted unanimously this week to support a resolution calling on Albany lawmakers to grant their request for the extension. The additional 1% sales tax, tacked on the standard county tax rate of 3%, has been in place since 2003. It was conceived as a 'temporary' tax designed to help offset the county's Medicaid cost. County lawmakers have sought and received the state legislature's approval to extend the additional tax in two-year increments multiple times since it was first authorized. The resolution approved by county lawmakers indicates that the legislature finds it 'necessary' to extend the additional 1% sales tax for the period beginning Dec. 1, 2025, and continuing through Nov. 30, 2027. Approval by the state legislature is necessary. Niagara County Public Information Officer Kevin Schuler said the additional 1% sales tax remains dedicated to covering the cost of the county's Medicaid share first. Local sales tax revenue, including the county and local municipalities, equaled $180,746,599 in 2024. Of the total, the county received $97.4 million. According to the county, the local cost for Medicaid services last year ($45,994,149) exceeded 1% sales tax revenue for 2024 ($45,187,780) by $806,359.
Yahoo
10-04-2025
- Politics
- Yahoo
Wydysh opts out as candidate in legislature's Second District
Rebecca Wydysh, the first female legislator to serve as chair of the Niagara County Legislature, won't be able to seek reelection this year after being denied permission to do so by her bosses with the New York State Unified Court System. While the court system previously allowed Wydysh, who works as the county's deputy commissioner to jurors, to seek and hold public office as a legislator on five previous occasions, she told the newspaper on Tuesday that the office denied her request to do so again this year. 'I was given no explanation or reason,' Wydysh said. By law, state court employees must seek permission from the court system to hold outside employment, which includes positions as a county legislator. The court system granted Wydysh permission to do so in 2015, 2017, 2019, 2021 and 2023. Because the court system granted her permission in 2023 to seek a two-year term, Wydysh said she is allowed to maintain her position as a county legislator through the end of her current term, which runs through Dec. 31, 2025. Wydysh said the court system informed her of its decision in a letter she received about a week into the process of securing signatures from registered voters on petitions needed to secure positions on the election ballot. She said the timing of receipt of the letter forced her to make a difficult choice between her political career and maintaining her current full-time job which paid $116,688 last year. 'I was having a hard time at that point deciding what route I was going to take,' she said. 'If I had been approved, I was running 100%. I loved serving as a legislator, but it is a part-time job and I was in no position to quit my job as deputy commissioner of jurors.' Wydysh described her forced departure from the legislature as 'disappointing.' 'It's sad to me because I have absolutely loved serving my community. I will find a way to serve. It just won't be in the legislature,' she said. The Niagara County Board of Elections confirmed that Wydysh declined designating petitions as the Republican and Conservative candidate in the legislature's second district in Lewiston on Monday, the deadline for doing so under state election law. By declining her petitions, Wydysh clears the way for a replacement candidate to be named on the Republican and Conservative lines. The decision will formally be made by the committee to fill vacancies listed on her petitions. Those committee members generally represent supporters of the parties doing the petition passing, which in this case would likely be local Republicans and Conservatives. Niagara County Republican Party Chairman Richard Andres said he expects a replacement could be named as soon as today. He described Wydysh as a dedicated and effective legislator whose service to the public will be greatly missed. 'I'm really baffled as to the internal rules of the office of court administration,' he said. 'It seems to me like they are taking away the ability of someone to serve their community. She's one of the best legislators I've worked with. She's very effective. It's very disappointing to me.' 'We have to fill some pretty big shoes to fill, but we think we have a pretty good solution and somebody that's going to be very effective,' he added. The Niagara County Democratic Party chairman questioned the timing of Wydysh's departure and the convenience of the Republicans having a candidate in line to replace her. In a post appearing on the Niagara County Democratic Party Facebook page early Tuesday, Chris Borgatti suggested Republican leaders 'gamed the system to avoid an election' in Wydysh's district. In a telephone interview, Borgatti acknowledged Democrats were not planning to run a challenger against Wydysh this year. He said the timing of her decision to decline petitions makes it nearly impossible for his party to circulate petitions of its own to get a Democratic candidate on the ballot. Borgatti said the GOP's 'scheme' resulted in Lewiston voters being denied the right to the discussion of issues during a campaign and potentially of the right to choose who should represent them in the legislature's Second District. 'There's no question that she knew about this and that this was a plan,' Borgatti said. 'The unfortunate part is that she treated Lewiston voters, who have taken care of her and voted for her, like this by not giving them an option.' While the Democrats won't be able to field an endorsed candidate, Borgatti said they do intend to find someone to run in the race, likely on an independent line. He said Democrats want to ensure Lewiston voters have a choice against whoever ends up getting the Republican and Conservative nods as Wydysh's replacement. 'Campaigns are discussions with voters about issues,' he said. 'We're going to do our best to find somebody to run an independent challenge and give voters a choice in November. We're committed to doing that.' Borgatti said he'd also like to see a copy of the letter the court system sent to Wydysh and the specific date on which it was delivered to determine if Wydysh had ample opportunity to pass on the petition process and still chose to move forward with it knowing, ultimately, she could not run for the position and keep her full-time job. 'If the court system is saying it's a conflict in the future, why wasn't it a conflict now?' Borgatti said. 'Why wasn't it a conflict a year ago? This whole thing stinks to me. It's just right out of their playbook.' Andres described Borgatti's allegation that the GOP conducted some sort of 'scheme' to circulate petitions for Wydysh and swap her out for another candidate as 'hot air' from the other side of the political aisle. He said both Wydysh and Republican party officials did not anticipate she would be denied the chance to seek reelection having been through a similar cycle of her requesting, and receiving, permission to run in the past. 'We had been through this before, but it effectively went away and they said she was good to go,' Andres said. 'I was very hopeful that she would be able to run.'
