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Council denies FOIL appeal over business-application records
Summary
The Lackawanna City Council on Sept. 22 denied an Aug. 12 FOIL appeal about business-application denials and criminal-history use after the city attorney said the city had no responsive documents for the items the requester sought. The motion passed 5-0.
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The council voted unanimously to deny a FOIL appeal filed Aug. 12 that asked for records related to business-application denials and the use of criminal history in licensing decisions.
Ariana, the city attorney, explained the Aug. 12 request included four numbered items and that, while the first item was framed outside FOIL, items 2–4 were document requests. "Items 2 through 4 are requests for documents that are subject to FOIL," she said, but the city had "conducted a diligent search and is not in possession of any documentation or records responsive to those requests." The council moved and voted to deny the appeal on item number 2; the motion carried 5-0.
Nut graf: The council's action closes the second of three appeals it addressed at the Sept. 22 meeting. City officials said the lack of responsive records, not a refusal to provide documents, was the basis for the denial.

