Town board dispute centers on FOIL compliance and phone searches; supervisor says affidavit given to town attorney

Town Supervisor said a sworn affidavit and supporting information had been given to Town Attorney Joe Danko and asked the board to wait for the attorney—s return to resolve a disputed Freedom of Information Law (FOIL) request.

The disagreement sprang from a request for town-related messages and whether the supervisor or IT had independently verified the presence of town material on personal phones. "So did you turn over your phone?" asked a committee member during the meeting, pressing for verification rather than self-reporting. The supervisor replied, "I signed an affidavit and I gave it to Joe," and said the town attorney would review the materials when he returned from vacation.

Board members cited a prior fine that the town paid after mishandling a FOIL appeal and urged an independent technical search. One member said the appropriate approach is for IT or an impartial reviewer to verify phone records rather than relying solely on a personal search. Staff confirmed a few phone numbers had been provided for searching, but board members said they had not seen follow-up confirming whether those searches were completed.

Why it matters: FOIL compliance affects transparency and carries legal and financial risk to the town if records are mishandled; members warned about the fiscal consequences of prior errors.

What—s next: The supervisor asked that the issue be discussed next week when Town Attorney Joe Danko is present to review affidavits and any technical verification. The board agreed to delay further action until the attorney—s input.