It is outrageous that Mineola’s village trustees rejected Lawrence Werther’s request, pursuant to the Freedom of Information Law, to obtain copies of correspondence between the village’s trustees and the village attorney regarding the trustees’ approval of Bolla Management’s application to build a gas station and convenience store on Jericho Turnpike. (Williston Times, January 17, 2014)
Especially galling is the village clerk’s claim that the correspondence is exempt from FOIL disclosure because of “attorney-client privilege.”
Village trustees are public representatives of the village’s residents, who choose them in a public election. The village attorney’s client in all matters relating to legal advice sought by or given to the trustees is, therefore, the public. Mr. Werther, a resident of Mineola, is a member of the public both the trustees and the village attorney serve.
The village attorney’s advice to the trustees was given pursuant to a matter of public import. Any claim of “attorney-client privilege” in rejecting Mr. Werther’s FOIL request is spurious and should not be tolerated.
The public’s right to have complete access to information about business conducted in its name trumps any “privilege” by the trustees and/or the village attorney to keep that information from the public, since the trustees are the public’s representatives, and the village attorney is that public’s employee.
Adam Simms
Mineola
