Farrell v. Village Bd. of Trustees, of Village of Johnson City
| Decision Date | 18 September 1975 |
| Parties | Raymond C. FARRELL, Petitioner, v. VILLAGE BOARD OF TRUSTEES, OF the VILLAGE OF JOHNSON CITY, New York, Respondents. |
| Court | New York Supreme Court |
Petitioner, Raymond C. Farrell, brings this CPLR, article 78 proceeding in the nature of mandamus pursuant to the Freedom of Information Law (Public Officers Law, Article 6, effective September 1, 1974) seeking the release to him of 'all or a part of an 18 page report concerning an investigation last October, 1974 into alleged wrong doing involving on duty employment of several Johnson City Police Officers by the O'Connell Electric Company of Rochester, New York . . .'.
On October 3, 1974 Mr. Farrell complained to the Chief of Police of the Village of Johnson City that certain police officers while on duty had performed services for compensation on private construction sites. The Chief of Police immediately investigated the charges and shortly thereafter filed a report with the Mayor and the Trustees of the Village of Johnson City.
In July, 1975 Mr. Farrell wrote asking that the report be furnished to him. The request was received by the Village Clerk who is also the Records Access Officer of the Village of Johnson City. Pursuant to the regulations relating to access of public records adopted by the Village Board of Trustees in October, 1974 the Records Access Officer conferred with the Village Attorney who ruled the report should not be released.
Mr. Farrell appealed the ruling to the Village Board which considered the matter at a regular meeting on July 21, 1975 during which the Village Attorney gave his reasons for the ruling. He stated that the situation arose during the implementation of the T.O.P.I.C. Program when off duty police officers who were hired by a contractor performing work for the State of New York were to go to the construction sites at periodic times to check on the equipment; and that between June 12, 1974 and October 1, 1974 there were 249 individual checks of the system made. He further stated 'On five occasions, as a result I understand of the particular police officer having other duties connected with his function as a police officer which made him put in overtime, he failed and neglected to check in at these sites and as a result, he subsequently on village time while operating as a Police Officer, went to these sites in the Village of Johnson City and turned the switch.'
The Village Attorney expressed the following opinion: 'I feel that this is internal, privileged information and that it should not, would not, and does not serve the public good to reveal the names of the officers or the complete manner of the investigation . . .'. The Village Board refused to release the report and this proceeding ensued.
Subdivision 1 of Section 88 of the Public Officers Law provides in part:
'1. Each agency, in accordance with its published rules, shall make available for public inspection and copying:
a. final opinions, . . ., as well as orders, made in the adjudication of cases;
b. those statements of policy and interpretations which have been adopted by the agency . . .;
c. minutes of meetings of the governing body, if any, of the agency and of public hearings held by the agency;
d. internal or external audits and statistical or factual tabulations made by or for the agency;
e. administrative staff manuals and instruction to staff that affect members of the public;
f. police blotters and booking records g. an itemized record setting forth name, address, title, and salary of every officer or employee of an agency ....
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