FOIL-AO-13990
From: Robert Freeman
To:
Date: 4/3/03 12:39PM
Subject:
Dear
I have received your inquiry in which you asked whether, in my view, "it
is necessary for the
Pittsford School District to make [you] FOIL for budget information
which should be readily
available to any tax payer who might want to see it."
In this regard, it is not "necessary" that the District
require the public to request records pursuant
to the FOIL; clearly, it has the authority to accept oral or informal
requests, without any reference
or citation to the FOIL. However, since that law pertains to all government
agency records, and
since section 89(3) indicates that an agency may require that a request
be made in writing, I
believe that an agency, such as a school district, may generally do
so. The same provision states
that an agency has up to five business days to respond. That is not
to suggest that the five day
limitation should be used as a means of delaying disclosure; on the
contrary, if records are clearly
public and readily retrievable, I do not believe that there would be
valid basis for delaying
disclosure.
Notwithstanding the foregoing, there are instances in which the District
is required by other
provisions of law to disclose certain records. In those situations,
the Freedom of Information
Law, in my view, would not apply. For example, a key provision in the
budget process is § 1716
of the Education Law, which in subdivision (1) requires the preparation
of "a detailed statement
in writing of the amount of money which will be required for the ensuing
year for school
purposes, specifying the several purposes and the amount for each".
Subdivision (2) states in
relevant part that the statement must be completed at least seven days
befor the budget hearing
and that "copies thereof shall be prepared and made available,
upon request, to residents within
the district...." Due to the specific direction offered in the
Education Law regarding a particular
record, I believe that §1716 essentially supersedes the Freedom
of Information Law and that a
request need not be made under or refer to the latter for the proposed
budget or the other items
described in ensuing provisions in §1716.
I hope that the foregoing serves to clarify your understanding of
the matter and that I have been
of assistance.
Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 - Fax
Website - www.dos.ny.gov/coog/coogwww.html