FOIL AO 18336


Sent: Thursday, December 23, 2010 4:39 PM
Subject:    RE: Foil Opinion
Attachments:      F9736; f15263

Having recently reviewed the opinion to which you referred, I point out that it does not focus on or deal expansively with rights of access to a seniority list.  Nevertheless, I believe that a record of that nature is clearly available.  It was established years ago in Capital Newspapers v. Burns [67 NY2d 562 (1986)] that attendance records pertaining to public employees are accessible, and several other decisions in my view justify a conclusion that a seniority list must be disclosed.

Attached are two opinions that relate to the issue that should be helpful.  If you continue to want FOIL-AO 2033, I can mail or fax it to you.

I hope that I have been of assistance.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone:  (518)474-2518
Fax: (518)474-1927