151.2006
RESOLUTION GRANTING APPEAL WITH LIMITATIONS AND
AUTHORIZING DISCLOSURE OF SIX (6)
COMPARABLE ASSESSMENTS
RESOLUTION NO.: 151, 2006
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board is considering an appeal by John Salvador 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 six (6) comparable assessments dated January 3, 2006, and
WHEREAS, it has been established by Town Counsel with the unambiguous concurrence of
Mr. Robert Freeman, Executive Director 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 §130-9, 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, by letter dated January 17, 2006, Mr. Salvador appealed to the Town Board the
Town Records Officer’s refusal of a FOIL request, and
WHEREAS, the Town Board wishes to grant the appeal and authorize the disclosure of the
requested six (6) comparable assessments, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Assessor to release the six (6) comparable assessment sheets that are in the Assessor’s records for
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those properties listed on Mr. Salvador’s appeal letter dated January 17, 2006 and received by the
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Town Clerk on January 17, 2006, 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 6 day of March, 2006, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Sanford
NOES : Mr. Stec
ABSENT : None