New York Commercial and Construction Lawyer Blog
A New York court recently recognized the importance of the public’s access to government records. On December 13, 2016, Justice Robert J. Muller granted Petitioners access under the Freedom of Information Law (“FOIL”) to a hearing officer’s report and recommendation that was considered by the City of Glens Falls Common Council (the “Council”) in the termination of a City of Glens Falls (the “City”) employee.
Petitioner’s sought a copy of the hearing officer’s report and recommendation regarding Lauren M. Stack, the City’s assessor, after she pled guilty in August 2016 to, among other things, driving while ability impaired. The City brought disciplinary charges against her and the Council ultimately terminated her employment on the recommendation of the hearing officer.
Petitioner Maury Thompson, a reporter for The Post-Star and Petitioner Kathy Barrans, a television producer at WNYT-TV, submitted separate FOIL requests to the City’s records officer, who denied their requests. This determination was upheld on administrative appeal by the records appeal officer and an Article 78 proceeding ensued.