Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Open Government topic
No spam. Unsubscribe anytime.
Barre town board upholds FOIL denial after appeal; one recusal recorded
Summary
The board upheld a denial of a FOIL request from Carrie Richardson for text messages said to be off‑system; the board concluded no responsive records are in the town’s custody and noted advisory guidance from the NYS Committee on Open Government.
The Barre Town Board voted on Aug. 13 to uphold an Aug. 8 denial of a FOIL (Freedom of Information Law) request from Carrie Richardson seeking text‑message correspondence involving 'Sean Pogue' (name appears as Pogue/Pope in the transcript). The denial was based on the board’s determination that no responsive messages exist in the custody or control of the town.
The resolution, read by the Chair (S1), states the town conducted a diligent search of its records and coordinated with the supervisor’s office and concluded the requested records are not possessed by the town; it also cited advisory opinions of the New York State Committee on Open Government that agencies need not retrieve records stored only on an employee’s personal device unless prepared or used in the course of official duties and retrievable by the agency.
The board passed the resolution to uphold the denial; a recusal was recorded for one member prior to the vote. The resolution directs that a copy of the resolution and the denial be mailed to the Committee on Open Government.
