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Lackawanna council denies FOIL appeal over June 25 email
Summary
The Lackawanna City Council voted 5-0 on Sept. 22 to deny a FOIL appeal concerning a June 25 email after the city attorney said the appeal included 42 items, many framed as questions outside the scope of the Freedom of Information Law (FOIL). The motion was read and carried by the clerk.
The Lackawanna City Council voted unanimously Sept. 22 to deny a Freedom of Information Law appeal tied to a June 25 email, after the city attorney told the council the appeal included dozens of items that were not proper FOIL requests.
Ariana, the city attorney, told the council that "this FOIL request contains 42 requests" and that "those types of requests are just outside the scope of FOIL," explaining that many of the items were phrased as questions or requests for information rather than requests for documents. The clerk read the motion to deny; the vote on the motion carried 5-0.
Nut graf: The decision closes one of three FOIL appeals brought to the council this month. City attorneys said they conducted diligent searches for items that were proper document requests and found no responsive records, and they said nothing was withheld on the basis of attorney–client privilege in connection with the appealed items.
Council action and next steps: The motion to deny was put and passed during the regular meeting after a brief caucus and procedural discussion. The council did not alter the city attorney's announced approach to pending searches for responsive documents; for items that were proper FOIL requests the city said it found no responsive records.
