560.2005
RESOLUTION GRANTING APPEAL WITH LIMITATIONS AND
AUTHORIZING DISCLOSURE OF UP TO TWENTY (20) COMPARABLE
ASSESSMENTS
RESOLUTION NO.: 560, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board is considering an appeal by Peter Brothers to the
correct decision by the Queensbury Town Clerk to deny his Freedom of Information Law (FOIL)
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request for the disclosure of many hundreds of comparable assessments dated July 8, 2005and
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amended by Mr. Brothers in his letter dated July 18, 2005, and
WHEREAS, it has been established by Town Counsel with the unambiguous concurrence of
Mr. Robert Freeman of the New York State committee for Open Government that the Assessor’s
“comparable sheets” are not subject to FOIL, and
WHEREAS, Queensbury Town Code §133-9, explicitly prohibits release of non-FOILable
information but provides that following a written appeal made to the Town Board, the Town Board
may grant such appeal, and
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WHEREAS, at a Town Board Workshop meeting held on October 24, 2005, the subject of
this FOIL request was discussed at great length and the Town Board instructed Mr. Brothers that he
needed to submit a written appeal limited to 20 properties if he wished to pursue the matter, and
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WHEREAS, a letter dated October 27, 2005 purporting to be an appeal of the Town Records
Officer’s refusal of a FOIL request from Mr. Brothers was received by the Town Clerk on November
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7, 2005, and
WHEREAS, the Town Board wishes to grant the appeal with limitations and authorize the
disclosure of up to twenty (20) comparable assessments, and
WHEREAS, Mr. Brothers filed with the Town Board and Town Clerk a written appeal with a
list of properties for which he seeks comparable assessment sheets,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Assessor to release the comparable assessment sheets that are in the Assessor’s records for those
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properties listed on Mr. Brothers’ appeal letter dated October 27, 2005 and received by the Town
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Clerk on November 7, 2005, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor and/or Town Clerk to take any other action necessary to effectuate the terms of this
Resolution.
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Duly adopted this 28 day of November, 2005, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Turner, Mr. Stec
NOES : None
ABSENT : None