Town of Kirkland

KIRKLAND WON'T DISCLOSE HIGHWAY WORKERS' STATUS:

Town officials will not release the employment status of the highway superintendent and two highway employees who were involved in an altercation at the highway garage on Route 12B last month.

Supervisor Annette S. Foley said Monday she could not comment on the employment status of any of the parties involved.

"I was advised by the town attorney that it was a personnel issue and it could not be discussed," Foley said. The supervisor had previously said that town councilmen also were advised not to discuss the issue.

Town Attorney Anthony G. Hallak refused to talk about the matter. The Observer-Dispatch filed two Freedom of Information Law requests with the attorney, requesting to receive the employment status of Highway Superintendent Fred N. Hutchings and highway employees Kenneth Goodson Jr. and Robert Emery. According to the sheriff's office, those three were involved in the fight. One of the FOIL requests also asked if the employees were still on the town payroll, which is a public document.

"We don't discuss client matters until the matter is closed," Hallak said. The attorney said he plans to respond to the FOIL request, "according to law."

But whether a case is closed, Robert Freeman, executive director of the Committee on Open Government, said government officials have the responsibility to release the employment status of any government employee.

"Government officials and attorneys don't have to talk, but that's why we have the Freedom of Information Law," Freeman said. "But agencies must respond to requests for records whether a case is open or not, and the fact of one's employment status with a government agency, in a government record, is unquestionably public."

It would be easier to judge the reasonableness of the Town's response if the article told us when the FOIL requests had been submitted. If they were very recent requests- i.e. within the last 5 business days- the Town would not have been required to respond until today, and a failure to do so before now doesn't indicate anything. But that wouldn't have made a splashy headline, nor support the usual comments from FOIL Czar Freeman..