Town clerk inundated with information requests

A discussion on Freedom of Information Law (FOIL) requests response times prompted a debate amongst members of the Monroe Town Board over when, and how, it would be appropriate to address town-related issues from a personal email or social media account.

During the April 15 town board meeting, Town Clerk Valerie Bitzer shared that her office was inundated with FOIL requests and asked that a 90-day response time be allowed for any new requests. Although she brought this matter to the attention of the board, it was clarified by several members as well as the town attorney, Brian Nugent, that she did not need approval from the town board to enact that change.

Bitzer also commented on the large role the town clerk’s office takes on in managing affairs of the town, noting that Monroe is a densely populated area. However, when asked about the possibility of authorizing a third individual beyond the two (her included) authorized to handle FOIL requests, Bitzer stated she did not feel the need for that and did not want to subject the taxpayers to that expense. She also asked that individuals use the online FOIL request form to expedite the process.

Councilwoman Mary Bingham asked what the board can do to help and encouraged the public to use the document search function on the town of Monroe website, noting that often the information was already available online.

Monroe Town Supervisor Anthony Cardone asked the board to discuss a FOIL request regarding Councilwoman Maureen Richardson’s alleged contact with the International Brotherhood of Electrical Workers union. He said that Richardson has denied this multiple times and wouldn’t provide her personal email documents to the town board. Cardone added that he has an email that shows Richardson did, in fact, contact the IBEW, and that she had lied to the board.

“When a board member is not directly involved in the negotiations of a collective bargaining agreement and approaches members of the union to influence or interfere, it could present an issue for the town of Monroe,” said Cardone, noting that the contract was approved unanimously by the IBEW members at the highway department and approved by town board by a vote of four to one.

Richardson responded that the Association of Towns advised her that if she reached out to the union as an individual and not in her capacity as a representative of the town, she should use her personal email, claiming that any record obtained in an official capacity would be unethical to use when campaigning.

Richardson said she called the IBEW who encouraged her to reach out via email because they didn’t want to misstate any kind of policy representation over the phone.

She further expressed concern with not having more productive conversations ahead of union contract negotiations and said she doesn’t need to explain her personal or political investigations of the union.

Attorney Nugent weighed in on the matter, saying that even if Richardson was using her personal email or personal social media account to address town business, those emails and posts are subject to FOIL. He noted that it doesn’t mean her personal information is available to the public. He also suggested the board ask for input from the State Committee on Open Government, and that the board is free to make a statement if it believes any information put out there is inaccurate.

The public speaks

At the meeting, one member of the public commented on Cardone’s actions at a prior board meeting and suggested that the supervisor was attempting to drive Richardson off the board. After sharing some expletive-enhanced words in support of Richardson’s attitude, he suggested that Cardone and Richardson find common ground and said that both care about the town.

Another member of the public expressed her displeasure with how much of the meeting was dedicated to discussing what Richardson has a problem with and not what the townspeople have problem with. She said it was disgusting and shouldn’t be allowed.

Other business

In other business, the Monroe town board passed a resolution to begin litigation in the Orange County Supreme Court regarding a dispute over property that was offered for dedication to the town of Monroe. Cardone explained that the property located at 71 Talbot Road came before the planning board over a year ago and was offered for dedication to the town of Monroe around 2011.

Attorney Nugent added that when an offer of dedication gets filed it becomes permanent and it is up to the municipality to accept it. The offer of dedication is irrevocable. He shared that it is his understanding that the owner wasn’t agreeing to sign over the property.

In addition, the town of Monroe is issuing a home rule request to the state of New York to authorize the town to issue bonds and notes to finance capital improvements in water district 14. The supervisor noted that these improvements have been funded initially with interfund borrowing from the town’s general fund and that the home rule request would not impact the town’s application for congressional funding.