Tuesday, November 22, 2011

"It's not a denial, we don't have it! But, if we had it...

I'd give it to you."

That's what Supervisor Tyksinski first said in response to the latest FOIL appeal written by Ms. Lawrence after her original FOIL request went partly unanswered.

Actually, let's back track. There used to be two financial reports made available each month after Supervisor Tyksinski took office; an expense report..."Statement of Expenditures, Encumbrances & Appropriations" and a revenue report..."Statement of Actual and Estimated Revenues".

Ms. Lawrence FOILed both reports as of September 30, 2011; the expense report was sent to Ms. Lawrence in a timely fashion, but the revenue report was never received and no explanation was given as to why it was not received. That prompted Ms. Lawrence to file a FOIL appeal with the town clerk.

The FOIL appeal was discussed by the town board at the November 16, 2011 town board meeting.

Town Attorney Cully meticulously read Ms. Lawrence's FOIL appeal, not once, but twice, pointing out each time that she asked for a particular report; he even noted that the title of the report was in quotes, and since Town Supervisor Tyksinski said there was no such report, there was no need to provide one, right?

Not so fast...that was Supervisor Tyksinski's reason until Ms. Lawrence commented that she had a copy of a 2010 report that was computer generated with that same title and made available from the time Tyksinski took office until October 2010...9 months of reports and then in October 2010, the report was no longer available. Ms. Lawrence even offered to bring a copy of said report to Supervisor Tyksinski's office.

When it became apparent that the excuse used by Town Attorney Cully and Supervisor Tyksinski was failing the "smell test", Supervisor Tyksinski said that the 2011 revenues haven't been posted yet and won't be until the end of the year when he sees where the revenues are needed. Really? So the 2012 budget, the one that Supervisor Tyksinski commented to the Observer Dispatch was "not a good budget" was based on what revenue figures, Supervisor Tyksinski?

At one point, Town Attorney Cully asked Ms. Lawrence if she would like to withdraw her appeal. ABSOLUTELY NOT! Ms. Lawrence requested that the FOIL appeal be sent to Robert Freeman, Director of the Committee on Open Government, as outlined by the NYS Freedom of Information Law.

That's when Supervisor Tyksinski suddenly said he would make the report [the one that he previously said he did not have] available to Ms. Lawrence.

Below is the video of Ms. Lawrence defending her appeal at the November 16, 2011 town board meeting. When will they ever learn?



By the way, here is the FOILed revenue report as of September 30, 2011...an unaudited computer-generated report titled "STATEMENT OF ACTUALS AND ESTIMATED REVENUES"; the exact same title as the reports in quotations requested by Ms. Lawrence in her FOIL request and appeal. The exact same report that Town Attorney Cully and Town Supervisor Tyksinski tried to say doesn't exist.

The FOILed Sept. 30, 2011 revenue report was received by Ms. Lawrence on November 18, 2011, two days after Supervisor Tyksinsksi stated that the report doesn't exist. Notice by the items outlined in red on the first page of the report that the report is a computer-generated report and not one that was specifically created for Ms. Lawrence.

We will be back after Thanksgiving to point out a few things in this report. Until then, Happy Thanksgiving!

1 comment:

Perry Mason said...

Lordy Lordy how things have gone backwards. Transparency in NH government !!! Yeah right. He'll be another one term wonder like the girl from NY Mills.