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HomeMy WebLinkAboutMN-G&IMR-2006-10-23 T 4 GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE PROCEEDINGS Regular Meeting October 23, 2006 7:00 p.m. PRESENT: Chair: Alderperson Joel Zumoff Alderpersons (3) David Gelinas, Shane Seger, Mary Tomlan OTHERS PRESENT: City Attorney— Daniel Hoffman Information Management Specialist- Cindie Day City Clerk— Julie Conley Holcomb Assistant City Attorney— Khandikile Sokoni Mayor Carolyn K. Peterson EXCUSED: Alderperson Michelle Berry APPROVAL OF MINUTES: By Alderperson Gelinas: Seconded by Alderperson Seger RESOLVED, That the Minutes of the August 28, 2006 meeting be approved as published. Carried Unanimously Quarterly Report from the City Clerk's Office: The quarterly report for the City Clerk's Office was presented by City Clerk Julie Conley Holcomb as follows: Community Relations Project: City Clerk Holcomb worked with the Teachers of the Ithaca High School Government Classes to coordinate a unique learning opportunity. The students were given copies of the City's "User Friendly Budget", and departmental budget narratives and developed questions for specific departments. On three consecutive days approximately 60 students arrived at City Hall in the morning and received a presentation by Deputy Director of Planning and Development JoAnn Cornish on the City's current development initiatives. The students then took a bus tour of these sites and received a tour of Central Fire Station. After the tour, the students reconvened in City Hall and broke into small groups. Each group met with a representative from one of the following departments: Planning and Development, Ithaca Police Department, Ithaca Fire Department, Youth Bureau, GIAC, City Attorney's Office, City Chamberlain's Office, and the Department of Public Works. The students discussed the questions that they had formulated about the departmental budgets and engaged in some very interesting conversations. The IHS Government classes are interested in doing a similar project next semester, and the City may be able to showcase some of the projects that are being developed such as the graffiti mapping project that is a cooperative effort between the Youth Bureau, the Ithaca Police Department, and the Planning Department GIS program. FEMA Training: City Clerk Holcomb noted that she and City Health and Safety Officer Andy Olmetti taught 9 classes of the ICS 100 and NIMS 700 basic emergency management courses to City employees over the summer. City Clerk Holcomb and Assistant Fire Chief Guy VanBenschoten have also taught 2 classes of the ICS 200 Course (intermediate emergency management training for the supervisor level) FOIL: The City Clerk's Office, City Attorney's Office and Information Technology Department have been working on the development of revised FOIL procedures that incorporate receiving and responding to FOIL requests via e-mail. Public Information Efforts: City Clerk Holcomb reviewed the events that she has participated in: Green Garage media walk-through with Assistant City Engineer Tom West City Court Flooding Thurston Avenue Bridge Construction GIAC Concrete Failure Excessive Heat Advisory and opening of cooling respite centers Hurricane Ernesto — potential of flooding Winter Weather preparedness tips Ithaca Festival —Table in children's area to promote the Pedestrian Awareness Campaign Cornell / Ithaca College — Student/Community Brunches - gathered materials and developed brochures for displays personal safety tips, parking regulations, TCAT bus system, trash/recycling/exterior property maintenance Development of new taxi brochure Development of brochure of emergency contact information for First Responders for City Vehicles Participation on Regional Gorge Safety Communication Team Participation on Tompkins County Emergency Public Information Officer Team Quarterly Report from the City Attorney's Office: The quarterly report for the City Attorney's Office was presented by City Attorney Daniel Hoffman: He informed the committee that there are a number of lawsuits pending against the City and that some of the cases are being handled by Special Counsel and the City's Insurance Carrier. Other items that have been worked on are: Fuel cost recovery surcharge in the new Taxi Ordinance Updated Sewer Use Local Law Changes in the FOIL Law Off leash dog area, and development of regulations for the space Green Garage Construction and Center Ithaca agreement Former Ithaca Gun Site Real Property— negotiated encroachment agreements Union contracts A written narrative of this report can be found at the end of the minutes. AN ORDINANCE TO AMEND CHAPTER 256 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED "RECORD, PUBLIC ACCESS TO" By Alderperson Gelinas: Seconded by Alderperson Seger WHEREAS, on July 26, 2006, the Legislature of the State of New York enacted amendments (Chapter 182 of the laws of the State of New York), in particular paragraph (b) of subdivision 1 and subdivision 3 of §89 of the Public Officers' Law (Freedom of Information Law), effective October 24th, 2006, and WHEREAS, said new law provides that "All entities shall, provided such entity has reasonable means available, accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail..." and WHEREAS, the Common Council of the City of Ithaca wishes to amend Chapter 256 of the City Code to reflect said amendments by the State Legislature, as well as to update said chapter in accordance with the New York Public Officers' Law in general, now therefore, ORDINANCE 06- 6E IT ORDAINED AND ENACTED as follows: Section 1. Chapter 256 of the City of Ithaca Municipal Code entitled "RECORDS, PUBLIC ACCESS TO" is hereby amended to read as follows: § 256-1. Purpose. The purpose of these regulations is to provide for the regulation of the examination of public records in compliance with and subject to the provisions of the Freedom of Information Law (Public Officers Law, Article 6) and to ensure the efficient operation of governmental offices. § 256-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGENCY -- Any municipal board, bureau, commission, council, department, public authority, public corporation, division, office or other governmental entity performing a governmental or propriety function for the City of Ithaca. PUBLIC ACCESS RECORDS OFFICER RECORDS ACCESS OFFICER -- The City Clerk of the City of Ithaca located at Ithaca City Hall. RECORD or RECORDS -- Any information kept, held, filed, produced or reproduced by, with or for the City of Ithaca in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes, tape recordings of official meetings and documents. A,—STATISTICAL TABULATION -- A collection or orderly presentation of numerical data logically arranged in columns and rows or graphically. B. FACTUAL TABULATION -- A collection of statements of objective information logically arranged and reflecting objective reality, actual existence or an actual occurrence. . . - e. • § 256-3. Procedure for access. A. Requests to inspect or to obtain a copy of records in the custody of any officer or employee of the city shall be submitted in writing, either in person during the City Clerk's regular business hours (i.e. 8:30 a.m. to 4:00 p.m.), or by mail, or via electronic mail (email) to the records access officer on a form to be - - - - -- - - - • - - - - - - e '•-' . Any email request for records submitted after the City Clerk's regular business hours shall be considered to have been filed on the next business day. The records access officer shall make available to the public both paper and electronic forms which can be used to submit a request for records. The electronic forms shall be available on the internet at the city's website. The use of such forms), however, is merely for purposes of convenience and is not mandatory in order to obtain access to records. Records shall be available for inspection at the office of the City Clerk or other location designated by the City Clerk on all regular business days from 8:30 a.m. to 4 -4:00 p.m. B. If the records sought to be inspected or reproduced are being inspected by another person, in the process of preparation, being used in official business or if the requested inspection would unreasonably interfere with or disrupt office duties or business operations, the records access officer shall so inform the person and shall specify a reasonable time when such records may be inspected or reproduced. C. Inspection and copying of records shall be conducted within the- city offices office under the supervision of the records access officer or his/her designee. • - - - - e: - e • ' - - •• - e - - - - -- • - - - - - e ' : - officer may, in his/her discretion, for good cause, extend such time limitation. The person seeking to inspect records may make either handwritten copies of records or use his/her own suer reproduction equipment, but in no case shall such records be removed from the premises. The records access officer may, in his/her discretion, shall furnish copies of any of the foregoing records at a charge of $0.25 per page not exceeding 81/2 9 x 45 14 inches in size; provided, however, that the records access officer may, in his/her discretion, for good cause, waive all or any portion of such charges for particular record or class of records. D. Payroll information, as provided in § 88 of the Public Officers Law, shall be made available for inspection and copying in accordance with the provisions of such statute and the regulations of the State Comptroller. A charge of $0.25 per page not exceeding 81/2 x 15 9 x 14 inches in size shall be made for each copy furnished by the agency; provided, however, that the records access officer may, in his/her discretion, for good cause, waive all or any portion of such charges for a particular record or class or records. E. Papers larger than 81/2 x 15 9 x 14 inches in size and materials classified as records in this section that require special duplicating methods may be copied by the records access officer or his/her deputy designee on equipment available in City Hall at a charge in conformity with the cost of duplicating the materials, such charge to be determined at the time of request for duplication. No records may be removed by the person requesting the same from the custody of the records access officer for the purpose of duplication. § 256-4. Prevention of privacy invasion. A. In accordance with the provisions of Subdivision 2 of § 89 of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Open Government regarding the prevention of unwarranted invasions of personal privacy, the records access officer, in his/her discretion, may delete from any record identifying details, the disclosure of which would result in unwarranted invasion of personal privacy, prior to making such record available for inspection or copying. In the event that one or more deletions is so made from any document, the records access officer shall provide written notice of that fact to the person requesting the same. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided herein. B. An unwarranted invasion of personal property privacy includes but shall not be limited to: (1) Disclosure of such personal matters as may have been reported in confidence to an agency or municipality and which are not relevant or essential to the ordinary work of the agency or municipality. • (2) Disclosure of employment, medical or credit histories or personal references of applicants for employment, except that such records may be disclosed when the applicant has provided a written release permitting such disclosure. (3) Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility. (4) The sale or release of lists of names and addresses in the possession of any agency or municipality if such lists would be used for private, commercial or fundraising purposes. (5) Disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the agency or municipality requesting or maintaining them. (6) Information of a personal nature contained in a workers' compensation record, except as provided by section 110-a of the Workers' Compensation Law. C. Unless otherwise prohibited by law, disclosure of records shall not be construed to constitute an unwarranted invasion of personal privacy when identifying details are deleted; or when the person to whom a record pertains consents in writing to disclosure; or when upon presenting reasonable proof of identity, a person seeks access to records pertaining to himself or herself. § 256-5. Grant or denial of access. The records access officer or his or her designee shall, within five business days of the receipt of a written request for a record reasonably described, make such record available to the person requesting it, deny such request in writing or furnish a written acknowledgment of the receipt of such request and a statement of the approximate date which shall be reasonable under the circumstances when such request will be granted or denied. If an agency determines to grant a request in whole or in part , and if circumstances prevent disclosure to the person requesting a record or records within twenty business days from the date of the acknowledgment of receipt of the request, the city shall state, in writing, both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. Upon receipt of payment of, or offer to pay the fee prescribed therefor, the public records access officer shall provide a copy of such record and certify to the correctness of such copy, if so requested, or, as the case may be, shall certify that he/she does not have possession of such record or that such record cannot be found after diligent search. Nothing in this chapter shall be construed to require any entity to prepare any record not possessed or maintained by the City except those records required to be maintained by law. § 256-6. Appeals. Any person denied access to a record may, within 30 days, appeal such denial, in writing, to the Mayor, who shall, within seven ten business days of the receipt of such appeal, fully explain, in writing, to the person requesting the record the reasons for further denial or provide access to the record sought. In addition, the public-assess re records access officer shall forward to the New York State Committee on Open Government a copy of such appeal and the determination thereon. If the Mayor affirms or modifies the denial, he/she shall communicate his/her reasons, in writing, to the person making the appeal and inform such person of his/her right to appeal such affirmation or modification pursuant to Article 78 of the Civil Practice Law and Rules. § 256-7. List of records. A. The records access officer shall maintain and make available for inspection and copying at his/her office a current list, reasonably detailed by subject matter, of the types of records produced, filed or first kept in the office on and after the first day of January 1977. Such list shall be in conformity with such regulations as may be promulgated by the New York State Committee on Open Government. B. The city shall maintain a record of the final vote of each member in every city agency proceeding in which the member votes. C. The city shall maintain a record setting forth the name, public office address, title and salary of every officer or employee of the agency. § 256-8. Exemptions. Notwithstanding the provision of § 256-1, - - - e - - - - - - - - •- - " - - that-is-the city may deny public access to records or portions thereof that: A. Are &specifically exempted from disclosure by state or federal statute; or B. - - - - - ---- - - - - - - - - -- - -- - - - • - • - - - - - - - - - - - • - , - - - - - - - - , - - - - •• .. • --- - : - - -- - - - - - - .-- : - • - - - - - - - - - - - :; - Are trade secrets or are submitted to the city by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise; or C. If disclosed, would constitute an unwarranted invasion of personal privacy pursuant to the standards of set forth in § 256-4B of this chapter; or D. - • -- - - - . :- _e •• e• -- - - - - -- : - - - --- . Are compiled• for law enforcement purposes and if disclosed would either jeopardize a pending criminal investigation, identify a confidential source, or reveal investigative techniques or procedures which are not routine techniques or procedures; or E. If disclosed could endanger the life or safety of any person; or F. If disclosed would impair present or imminent contract awards or collective bargaining negotiations; or G. Are inter-agency or infra-agency materials which are not statistical or factual tabulations of data; instructions to staff; final agency policy or determinations; or external audits, including but not limited to audits performed by the State Comptroller and the federal government; or H. Are examination questions or answers which are requested prior to the final administration of such questions; or I. If disclosed, could jeopardize the City's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures; or J. Are photographs, microphotographs, videotape or other recorded images prepared under authority of section 1111-a of the Vehicle and Traffic Law; or § 256-9. Nothing in this chapter shall require the disclosure of the home address of an officer or employee, former officer or employee, or of a retiree of the public employees; retirement system; nor shall anything in this chapter require the disclosure of the name or home address of a beneficiary of a public employees' retirement system or of an applicant for appointment to public employment; provided however, that nothing in this section shall limit or abridge the right of an employee organization, certified or recognized for any collective negotiating unit or an employer pursuant to article 14 of the Civil Service Law, to obtain the name or home address of any officer, employee or retiree of such employer, if such name or home address is otherwise available under this chapter. Section 2. SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding the changes to the FOIL law that have been mandated by New York State. Chair Zumoff noted that the City Attorney's Office and City Clerk's Office took this opportunity to amend the City's legislation to reflect current practices. He further noted that the Department of Information Technology has created an e-mail account for electronic FOIL requests (foil @cityofithaca.org) and that the City's website has been updated with this information for the convenience of the public. A vote on the Ordinance resulted as follows: Carried Unanimously Role of Governance and Intermunicipal Relations Committee on Intra-Agency Issues: Alderperson Seger inquired as to the committee's role in some of the items that have gone directly to Common Council without being reviewed by the Governance and Intermunicipal Relations Committee. Alderperson Tomlan informed the Committee that her item dealing with the City of Ithaca and Town of Ithaca Study Group should have gone through the proper committee process however it went straight to Common Council because of a timing issue. She noted that In the future, items from the Study Group should go through the Governance and Intermunicipal Relations Committee. Mayor Peterson noted that the Council of Governments' Grant Application to create a local health Insurance consortium was also a timing issue as the Council meets after the Governance and Intermunicipal Relations Committee. She stated that items in future could come to this Committee and future topics may include municipal sharing of large pieces of equipment, health insurance, and developing an alternative fuel station for new energy efficient fleet vehicles that are being purchased. Discussion of Caucusing Considerations: A discussion was held on the floor regarding the potential benefits of caucusing and what legislative actions would be needed to change the current language in the City Code. City Attorney Hoffman redistributed a legal opinion on this topic as it relates to New York State and City laws. Further discussion followed regarding the impact that this change could have on the ability of the public to provide input into the decision making process, and the provisions of the Open Meetings Law. City Attorney Hoffman agreed to review the State law to see if it addresses situations where the entire legislative body is of one political party. It was decided to continue this discussion next month. ADJOURNMENT: On a motion the meeting adjourned at 8:25 p.m. Cindie L. Day I Joel Zumoff Information Management Specialist Chair FREEDOM OF INFORMATION PROTOCOL FOR HANDLING REQUEST FOR INFORMATION VIA E-MAIL Designation of E-Mail Address: The City of Ithaca will provide a specific e-mail address for purposes of receiving requests for records via e-mail. On the web page that provides the form that people use to submit a FOIL request, it will indicate, for informational purposes, that some city records, e.g. minutes and agendas are available on the City's website and to check there first before submitting a request. It will also indicate that all requests received after 4:00 p.m. will be considered received the next business day and will be responded to appropriately. A statement also will be made to inform the public that if they submit a request electronically and do not receive an auto-reply within 24 hours, depending on when request submitted, to contact the City Clerk's office to confirm receipt. The e-mail address will be accessible to all City Clerk staff so that it can be checked on a regular basis throughout out the business day— 8:30 a.m. to 4:00 p.m. Monday through Friday. City Clerk staff will open the e-mail and provide a standardized reply to each request so that the requestor knows that the City has received their request for information. A standardized reply would be as follows: 1) The City of Ithaca is in receipt of their request for information and will respond to the request within 5 business days. When City Clerk staff receives a FOIL request by e-mail it will be forwarded to the City Attorneys, City Attorney's Legal Assistant, the Department Head(s) of the departments where the requested information would be obtained, and that department(s) administrative support staff as a "heads up" that here is the request and that the Clerk's office will follow up the e-mail with a hard copy of the request and routing slip — as per usual procedures for handling FOIL requests so that staff can begin to respond to request sooner than by receipt of hard copies. Appropriate departmental staff should provide information requested that is available electronically via e-mail as an attachment to the City Attorney's office because hard copies will no longer be necessary for e-mailed FOIL requests when the information is available electronically. When the other department(s) receive the e-mailed FOIL request, they should respond to it following the established procedures for responding to FOIL requests and when available provide information electronically to the City Attorney's office. City Clerk staff will print out the e-mail so that the hard copy can be used to enter appropriate data into the FOIL database and then it will be attached to the FOIL routing QUARTERLY REPORT of CITY ATTORNEY'S OFFICE to GOVERNANCE & INTERMUNICIAL RELATIONS COMMITTEE 10/23/06 Summary of Major Developments since Previous Report(in June 2006) 1. Litigation: a. Special counsel identified&retained for"overtime"lawsuit against IPD b. Discrimination claim(by IPD officer) dismissed c. Eminent domain case(Rt 13 widening) "almost settled" d. Art. 78 case against BZA: decision remanded back to BZA e. Cascade/Ciminelli: parking agreements still in limbo f. Labor case(counseling memo): arbitration hearing completed 2. Policy and procedures: a. Taxicab rates: fuel cost recovery surcharge instituted b. Procedure formalized for budget review process c. Change in Council Rules of Procedure d. Sewer Use Law replaced e. Preparation for FOIL changes f. Addendum to MOU with Ithaca Downtown Partnership approved g. Off-Leash Dog Area at Festival Lands 3. Agreement reached with Center Ithaca owners (re: Green Garage project) 4. Former Ithaca Gun site: a. Site security b. Investigation of responsibility for site remediation c. Restore NY grant application d. Discussion and negotiation with counsel for property owner 5. Cayuga Waterfront Trail: federal"hold"removed, appraisals almost done 6. Several encroachment agreements negotiated 7. FOIL appeal 8. Both Assistant City Attorneys attended multi-day trainings Summary of Current& Ongoing Work 1. Interns: 3 for past summer; 1 for this semester 2. Meetings (now including most BPW meetings), Trainings 3. FOIL requests (approx. 5-6 per week go through Atty's Office) 4. Legislation &Policies under review a. Taxicabs (comprehensive update of ordinance) b. Noise c. Transient Merchants d. Residency Requirement e. Council procedures f. Zoning Ordinance i. U-1 (parking requirement, etc) ii. PUD g. Rules &Regulations for Off-Leash Dog Area(Festival Lands) h. PROTOCOLS: i. Vehicle Use policy ii. Cyber Security Notification iii. License &Encroachment fee policy iv. Handling of Notices of Claim 5. Current& Ongoing Issues (not including litigation) a. Real property i. Encroachments, easements, licenses, leases ii. Land acquisition(Six Mile Creek area) b. Personnel i. Union contracts 1. Firefighters: expired 12/31/05 2. CSEA: expires 12/31/06 3. CSEA Exec: expires 12/31/06 ii. Grievances, arbitration iii. Section 207 claims, meetings c. Other(not necessarily all) i. Cayuga Green 1. Green Garage 2. Bloomfield& Schoen project, including 7th Art 3. Use & status of parking garages ii. Cayuga Waterfront Trail (possible eminent domain) iii. Creek Walk: easement through Gateway property iv. Inlet Island: preferred developer agreement v. Stewart Park boathouse: use by organizations vi. University Avenue/Milstein Hall vii. RIBs: lease of City property viii. Ithaca Falls escrow fund 6. Other Contracts (expired and/or under negotiation) a. City/County(GIS) b. City/County(911 Center) c. City/County(parking for jurors) d. City/Town of Ithaca(Use of Cass Park pool, etc) e. City/IURA(Creek Walk adjacent to Cayuga Green) 7. Notices of Claim (response pending from insurance carrier) a. Cascadilla Creek wall collapse b. Restriction on plumbing materials 8. Lawsuits &other complaints a. Handled by insurance carrier(mostly personal or property injury) b. Handled by our office (except where noted): i. Personnel 1. Wright v City(overtime)—special counsel 2. Stern v. City(right to "free speech,"right to arbitration, etc) ii. Eminent Domain: 1. Ithaca Joint Venture(Elmira Rd widening) 2. Goldberg(land beneath Green Garage)—special counsel iii. Other Article 78: 1. Cascade/Ciminelli v. City(contracts for parking garage use)