590.2005
RESOLUTION GRANTING APPEAL WITH LIMITATIONS AND
AUTHORIZING DISCLOSURE OF FOUR (4)
COMPARABLE ASSESSMENTS
RESOLUTION NO.: 590, 2005
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
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 four (4) comparable assessments dated October 28, 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, by letter dated November 4, 2005 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 four (4) comparable assessments, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Assessor to release the four (4) 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 November 4, 2005 and received by the
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Town Clerk on November 4, 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 19 day of December, 2005, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES: None
ABSENT:None