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Another Paul Feiner initiative to make Greenburgh the most open government in the United States!
Be part of the Dialogue...participate...tell us what's on your mind...!
The views expressed in this blog are the personal views of the participants who post comments on the blog and are not those of the town, town employees or town government. The Supervisors views are his alone.
26 comments:
Another job requesting a resume.
Here's how we do it in the Town of Greenburgh. Read from the bottom up. Remember that this is all over my trying to get a copy of a resume.
Sent to Town Clerk Judith Beville
this morning.
"It gets even better.
Now you are saying that the Department head mentioned on the FOIL REQUEST can by-pass the Records Access Officer and reply directly to the person who initiated the FOIL REQUEST as long as the Department Head cc's the Town Clerk to create a record of the response. Therefore there is no need to return to the Record Access Officer unless a problem exists. You have to 11:00 tomorrow (Thursday) AM to change your mind on this policy or your email shall be regarded as the template for future responses by cooperating Departments. Would it be equally correct then to send FOIL REQUESTS directly to Departments heads if a cc is made to the Records Access Officer so that a record of the request can be maintained? Please confirm my belated understanding of your policy.
And despite your feeling that you have done your job, Mr. Feiner's answer only covers his own files; he has not answered for the Town Board in the response that he does not have the resume in "his possession" nor is he answering for the TDYCC which hosts the Xposure program -- a destination that a helpful Records Access Officer might have suggested. The Records Access Officer is bound to assist citizens in their quest to obtain information in that citizens may not be fully cognizant of which Departments the FOIL request should be addressed. Since your ability to advise and be helpful is compromised by your co-existing inability to understand FOIL law and what it was intended to accomplish, citizens have had to assume that a combative stance is necessary when forced to deal with the Town Clerk when sge is conducting the business of the Town's Record Access Officer.
-----Original Message-----
From: Judith A. Beville
Sent: Wed, 25 Feb 2009 4:32 pm
Subject: RE: foil request
Mr. Samis,
You are the one that insists upon jumping up and down with some rope. Now, this
is my final response on this matter. The FOIL request form specifically requires a response from the Department Head from whom the request would be either "Approved" or "Denied." An electronic response is allowed by law and the Town Supervisor responded to you, electronically, with a "cc" to the Town Clerk's office so that there would be a record of his response. The Town
Supervisor, whom you requested a response from and who represents both himself and the Board, responded that he does not have the resume. The Town Attorney
would not be the Office of Record for Mr. Cannon's resume. Your request was responded to by the individual whose office would be the office of record for any such document.
Thank you,
Judith
-----Original Message-----
Sent: Wednesday, February 25, 2009 4:00 PM
To: Judith A. Beville
Cc: Paul Feiner; Joan M. Dudek; Timothy Lewis; Towncouncil
Subject: Re: foil request
Keep supplying the rope.
The Clerk's office has not sent me notice of denial of my FOIL request
that the document does not exist. The Clerk's office has only
forwarded me that the Supervisor does not have it in his possession.
Perhaps you need to look at the FOIL request form (APPLICATION FOR
PUBLIC ACCESS TO RECORDS PER FREEDOM OF INFORMATION LAW) which is distributed by your office. Please note DEPARTMENT HEAD RECOMMENDATION
(completed by Departments contacted); then note FINAL DETERMINATION
(boxes to be checked -- approved or denied) and the signature line to be signed above a pre-printed Judith A. Beville.
Despite your 3:27 response (below), when did "You received your response to your FOIL." this fictional event occur. When did you send me this form filled out? When did you write me, even just by email, a denial that "the record is not maintained" or "cannot be found" or any
of the other allowable answers?
Your view of "jumping up and down" is hopefully not shared by your
Department and the Town Board.
-----Original Message-----
From: Judith A. Beville
Sent: Wed, 25 Feb 2009 3:27 pm
Subject: RE: foil request
Dear Mr. Samis,
Don't you think that this is becoming quite ridiculous. You received your response to your FOIL. Why do insist upon this jumping up and down? The Clerk's office has done its due diligence in responding to your request.
Thank you,
Judith Beville
-----Original Message-----
Sent: Wednesday, February 25, 2009 3:18 PM
To: Judith A. Beville
Cc: Paul Feiner; Joan M. Dudek; Timothy Lewis; Towncouncil
Subject: Re: foil request
Ms. Beville:
Whether I believe the resume should be on file is not relevant to my FOIL request. Why I made the FOIL request is not relevant either. Your obligation as the Town's Records Access Officer is to comply with the rules; not to undertake FOIL triage. A legitimate FOIL request was
present to you, the Records Access Officer. That is all you need to
either locate the material or notify me that it does not exist or not available per my request. Everything else is wasting both your time and taxpayer dollars.
The only proper response in this instance is supposed to be the
response that the document does not exist. This cannot be inferred
from the Supervisor's response. The Town Supervisor responds that he does not have it in HIS possession but he makes no statement that it is not to be found in anyone else's possession.
The Records Access Officer is supposed to try to locate requested
material. There has been no direct communication to me from the Town Board or the Town Attorney that the resume does not exist. I say "direct" only because the Supervisor, speaking for himself, chose to do
so. However, although his doing so clarifies HIS answer, it does not answer for the others. Given that the Town has chosen you to be
Records Access Officer and thereby freeing each involved or named
person from individual response, it behooves you to provide the
collective and agreed response that no such documents exists. Why are you so reluctant to perform your job with all of its requirements? Were you to do so, none of the motivational plumbing need be involved.
Once more, I repeat that failing to secure or locate this requested
item (resume), you are bound to respond that my FOIL request is denied because no such document(s) exists in Town records.
Why do you persist in evading this responsibility? Maybe you should
spend more time just performing the rote functions of your job and less time quoting from the Disney version of classic fairy tales.
-----Original Message-----
From: Judith A. Beville
Cc: Paul Feiner; Joan M. Dudek
Timothy Lewis; Towncouncil
Sent: Wed, 25 Feb 2009 2:37 pm
Subject: RE: foil request
Hal,
I stick to the facts. Your FOIL request was for the resume of Don
Cannon. You were given a response. You, apparently, had some reason in your head
as to why you felt his resume should be on file. Albeit, your reason is probably a good
one. However, instead, you wanted evidence that it wasn't on file so
that you could proceed to banter about and lecture everyone as to why it should be on
file. Look in the mirror, Hal, and ask: "Mirror, mirror, on the
wall. Who is the most sanctimonious of them all?"
Thank you,
Judith
-----Original Message-----
Sent: Wednesday, February 25, 2009 1:53 PM
To: Judith A. Beville
Cc: Paul Feiner; Joan M. Dudek; Timothy Lewis; Towncouncil
Subject: Re: foil request
Judith:
You are performing as a self-serving sanctimonious hack. Your need for homage and recognition overshadows the level of your actual performance. The only quesion for the public is whether this is due to direction from a complicit Town Board or your own inability to view matters other than from the confines of a very small box. The matter is not closed because you have not performed your FOIL functions while
failing to exhibit any understanding of the responsibilities entailed.
Things would not have to be dragged on ad-infinitum were you to recognize that square pegs do not fit in round holes.
1) Where in Mr. Feiner's response do you see that "if the resume
existed it would be in his possession". All Mr. Feiner states is that he does not have it in his possession.
2) "That is the answer. There is no other answer." say you.
3) By including the Town Board, this would include Sonja Brown, liaison to the TDYCC which acts as "loco parentis" to Xposure. Perhaps she would be able to obtain the resume from Mr. Thomas. Perhaps someone on
the Town Board would recognize that this is not such a big deal and that both the Town and the public should know the qualifications behind
being proclaimed as a "financial guru" at a public meeting of the Town Board.
4) The Records Access Officer's job is to assist citizens in their
pursuit of FOIL requests. You have repeatedly demonstrated your
unwillingness to do so (even to the extent of hindering lawful
requests) and your newest ploy to avoid this responsibility is to
tolerate a new FOIL request for "additional information". This is nothing more than an obvious dead end to avoid your irresponsibility by failing to obtain that specified in the original FOIL request. If the
document, in this case just a resume, does not exist, it is YOUR
responsibility as Records Access Officer to send a formal denial of the request with the explanation that 'the requested document does not exist'. Why does this simple action become such a struggle for you? What purpose is gained by filing a FOIL request for additional information when the only information is the document itself?
Simplify your job. Just do it
Hal
-----Original Message-----
From: Judith A. Beville
Sent: Wed, 25 Feb 2009 12:39 pm
Subject: RE: foil request
Hal;
I am responding to your questions to the Town20Clerk's staff regarding this matter. This response will bring the matter to a close because there is no
logical reason as to why any discussion on a matter that has been responded to, according to the FOIL requirements, needs to
be dragged on ad-infinitum. Now,
please be reminded that you sent a FOIL request, on 2/19/09, to the
Town Supervisor, Town Board and the Town Attorney requesting a copy of the resume of
Mr. Donald Cannon, (volunteer for the Xposure/Greenburgh After School
Program at the Theodore D. Young Community Center.) Restated, you requested a record that
may be in the possession of the Town Supervisor, the Town Board or the Town Attorney. The Town Supervisor responded, also on 2/19/09 (in less than 5 days)
as the document (resume), if there was one, would reside in his
possession. Speaking on behalf of the Town, the Town Supervisor has stated that he does not have Mr. Cannon's resume. This is the answer. There is no other answer. The Town Clerk's office is not required to keep a file of resumes of volunteers to the Xposure/Greenburgh After School Program nor is the Town Clerk
required to respond to an inquiry that has already been answered by the source who would have retained the record or document. There is no answer different from the one
that the Town Supervisor has provided and within the prescribed period of time.
Thank you for your attention. You have received your response in
compliance with the FOIL law. If you want additional information on this matter, please submit a FOIL request.
Judith Beville
Town Clerk
-----Original Message-----
Sent: Wednesday, February 25, 2009 12:11 PM
To: Joan M. Dudek
Cc: Paul Feiner; Judith A. Beville
Subject: Re: foil request
Joan,
Why are you sending me this? Obviously I had read it, having replied at the time. If the intent was to substitute the Town Supervisor for the Records Access Officer, then should all future FOIL requests be sent to the Town Supervisor? Furthermore what Mr. Feiner says is that he does not have the resume in his possession. Does that mean that it is not in the possession of any
other Town Department? Does this current forward answer my request of today? If Ms. Beville thinks it does, perhaps she needs a higher
magnification reading glass or a new acting coach because her
interpretation of her role is in need of direction.
Shouldn't the Records Access Officer be giving the formal response that "the document does not exist"? And, despite my email of today acknowledging this, the Office of the Town Clerk (all employees) need not take the time to respond that the fifth business day has not yet occurred.
Hal (I know that you are not personalizing and only doing what you are instructed, however stupid it may be)
-----Original Message-----
From: Joan M. Dudek
Sent: Wed, 25 Feb 2009 11:49 am
Subject: FW: foil request
Dear Hal,
In response to your F.O.I.L. request regarding Don Cannon,
below is Supervisor Feiner's response.
-----Original Message-----
From: Judith A. Beville
Sent: Wednesday, February 25, 2
009 10:40 AM
To: Joan M. Dudek
Subject: FW: foil request
For Hal's FOIL response.
Judith
-----Original Message-----
Sent: Thursday, February 19, 2009 8:29 PM
To: Paul Feiner; Judith A. Beville; Timothy Lewis; Sonja Brown
Subject: Re: foil request
Paul: I am aware of all this, especially since I was at the Town Board meeting at the TDYCC. However, don't you think that it would be a good idea for the Town to have one since Xposure holds its "classes" at Town facilities, has been featured at Town Board meetings and Mr. Cannon was presented to the public as Xposure's "financial guru". Although I don't believe you anticipated Xposure becoming a "Movement" and that $3
salaries would become $400 investments, the influence of an in-house financial guru is not to be denied which further underlines that need for the Town to know who is doing business at Town facilities. Although I would have been pleasantly surprised to learn that the Town had such a resume already, I FOILED fully expecting that it would not as the committee was unofficial and Mr. Cannon is, so far, not a paid employee of Xposure -- although there would no power for me to FOIL Xposure documents. Still, I think that if there is nothing to hide AND
the program is controversial and small children are involved, that the Town would want some defense having identified him as a "financial guru" at a meeting attended by the public. He may not be Bernie Madoff, but then what does the public know. And by rumor, I have heard that he was involved with your political campaigns so this, if true,
would be another reason to make this available.
-----Original Message-----
From: Paul Feiner
Sent: Thu, 19 Feb 2009 5:46 pm
Subject: foil request
Hal: I received your foil request about Don Cannon. Please be advised
that the budget committee was never officially appointed by the Town Board. I do not have Mr. Cannon's bio in my possession. Please be advised that Mr. Cannon has been volunteering his services to xposure (does not get paid). He also made a $1,000 donation to the xposure foundation.
PAUL FEINER
dear ms beville
should we put this exchange in the greenburgh 2009 african american history month time capsule?
you should be ashamed of yourself.
paul - be a boss and tell beville to say whether the document exists or not
And like the everyready bunny...
MY RESPONSE TO HER LATEST
Hope the pretzels you are chewing are low salt.
When are you going to give me the proper FOIL response from your office. Proper would be completing the FOIL request form (created by your office) with the result and reason and your signature over your printed name. You apparently can't distinguish reality from delusion. You just sent "this is the very procedure that was followed in this case regarding your request for Don Cannon's resume". Your sentence before that was: "All FOIL requests are to be submitted to the Town Clerk's office for processing and will be replied to from my office after receiving a response from the department or departments mentioned in the FOIL request."
Does this mean that the existing FOIL request form with the Department response and, most important, YOUR signature is no longer in use?
MS BEVILLE'S REPLY TO LAST NIGHT
-----Original Message-----
From: Judith A. Beville
Cc: Paul Feiner; Joan M. Dudek; Timothy Lewis; Towncouncil
Sent: Thu, 26 Feb 2009 12:52 pm
Subject: RE: foil request
In your twisted attempt to twist what has been said, this is the policy: All FOIL requests are to be submitted to the Town Clerk's office for processing and
will be replied to from my office after receiving a response from the department or departments mentioned in the FOIL request. This is the very procedure that
was followed in this case regarding your request for Don Cannon's resume.
Judith Beville
securities laws that is.
securities laws that is.
you are a sick person Hal.. Get a life
The guy is not an employee. Never was. The Town doe not have his resume. Never did. Why don't you spend the next 5 months beating this dead horse? It would be the best service you can provide for Greenburgh.
The people should be outraged at everything involving Xposure. The money we are spending, the people running the program.
Samis is right on the money with this whole thing.
Pretty soon Ray Thomas & co will be soliciting mom & dad for money to "invest".
We'll be talking about this scam for many years to come once all is brought to light and when we do, don't forget to place the blame squarely on Feiner & Brown.
Everybody's doing it, everybody's doing it...
And what exactly is it that con men
possess that makes people want to believe?
Were it only about Xposure (a name just daring you to) then you also might question why is Town Clerk Beville so unwilling to do her job and just fill our her portion of the FOIL form, say the resume isn't available and end it all.
Turns out that Ms. Beville has her own horse running in another race. Tonight the Library Board of Trustees passed on her candidate for a $130,000 upfront fee and percentage of grant money raised. Seems she's "introduced" a "Culture" impressario to the Library. He'll put on shows, kids will be stimulated to learn and everyone one will be happy, especially the "impressario". Nothing like being able to put the 80th best place to live imprimator on your resume when seeking to attract more sheep.
The word is out. Birds of a feather are coming to roost in Greenburgh. But perhaps residents should be taking a closer look at those elected officials who are putting out the bird seed.
Greenburgh is beginning to stink like Denmark.
Come on kids, let's get stimulated and put on a show. How about
Das Musik Man?
Resume or not, he's required to be fingerprinted and have a background check done prior to having any interaction with the children. The town has to have that stuff on file for all community center workers - employees, contracted service providers, volunteers.
If a comment is deleted there ought to be an explanation -- such as "slanderous comments against an indivivual" or "attack on private life of an individual" or something that justifies deletion. Just big criticism isn't enough.
YEA! I think it's pretty unfair that Beville gets respond to Hal on our dime! stuff like "Look in the mirror, Hal, and ask: "Mirror, mirror, on the
wall. Who is the most sanctimonious of them all?" and our comments get deleted??
Hell, are we paying her to insult us? How completly unprofesional and last time I looked, calling someone sanctimonious is a personal attack.
Thanks 2:14, but...
I don't care what Beville calls me.
What I do care about is how she selectively chooses to perform that job she is paid to do.
She is the Town Records Access Officer.
She publishes the FOIL Request Form that she instituted, a form including a line for her signature as Records Access Officer, a line with her pre-printed name below.
She published a form that is supposed to be answered by the Departments that are "assumed" by the filer to have possession of the requested document. If they do not and she can assist by either going to other Departments that her professional experience suggests may be the source, then she should do so on behalf of the resident. She is supposed to serve both the Town by administering the record flow and the public by complying with the State's FOIL laws.
To make a very long story short, all Ms. Beville had to do was complete her own form and state that the document (resume) doesn't exist among the Town's records.
No explanation, no interpretation, no fuss. Just fill out her own form. End of story.
If she were not an elected official I would be demanding that she be fired for not only refusing to perform or job but, more seriously, to follow State law.
XPOSURE GREENBURGH STAFF
Program Manager - Ms. Theresa Robinson
Program Manager - Mr. James Thorpe
Science Teacher/Program Coordinator - Ms. Chelsea Schinker
Finance Guru - Mr. Don Cannon
Teacher - Ms. Donisha Pace
Teacher - Mr. Spencer Ingram
Teacher - Ms. Jessica Lugo
Teacher - Ms. Michelle Defillippis
Teacher - Mr. William Mclee
Teacher - Ms. Elaina Hunte
Teacher - Ms. Gail Bolling
Teacher - Mr. Robert Tilford
Teacher - Ms. Aliya Bashir
Teacher - Ms. Laurie Harriott
Teacher - Mr. Micheal Tucker
Who are all of these teachers? Why so many? What are their qualifications? Why are they working with children without background checks.
It looks like some are out of GC.
Take, for example, Teacher - Ms. Donisha Pace :
. Donisha Pace
"BE IT RESOLVED that as recommended by the Superintendent of Schools, the Board
of Education accept the resignation of Donisha Pace, Hourly School Monitor assigned to
R. J. Bailey School, effective September 12, 2008. "
School monitor???? WTF?
Google away folks,. I'm sure there is more to be seen.
Jessica Lugo
Currently employed by GC as either a teaching assistant or sub-teacher.
Science Teacher/Program Coordinator - Ms. Chelsea Schinker and Jessica Lugo are face book pals. Nice pic there Jess!
Program Manager - Mr. James Thorpe
aka 4th grade advisor at RJB?
Paul, why was the last comment removed without any notice that it had been removed from last night?
Are you now just obliterating comments?
The question was asked; Wasn't it a conflict of interest to have Don Cannon chair the Budget Review Committee while the proposed budget contained a controversial program, paid for by the town, that he supports/works for?
Why is this an unreasonable question to ask? Why have you removed it from the blog?
Is Don Cannon paid for his "financial guru" services?
Don is not being paid to work for xposure. He is a volunteer and made a personal financial donation of $1,000 to Xposure. The members of the citizens budget committee decided that they did not want to be an official committee of the board- they were never officially appointed by the Town Board. I think it is disgraceful to try to smear reputations of people who are trying to be helpful to the community. I intend to remove all comments that focus on personalities, not issues in the future.
The blog should be used to debate issues, not to attack people.
PAUL FEINER
I posted about the wall at web park skimping out on some much needed craftsmanship just to fit in budget and my post was deleted which wasn't in any way a personnel attack on anyone, what it was was an attack on the way the town goes to bid on certain projects.
I posted about the wall at web park skimping out on some much needed craftsmanship just to fit in budget and my post was deleted which wasn't in any way a personnel attack on anyone, what it was was an attack on the way the town goes to bid on certain projects.
Paul,
You may be the blog administrator but you are also the Town Supervisor. I have raised reasonable questions about someone who remains a mystery to most of Greenburgh.
Whatever the status of the Citizens Budget Committee, it was presumed that in addition to being citizens, those on the committee knew something about finance and budgets. Since it has no official status and was just a flesh and blood blog collective, no one really cares or has a serious issue about their backgrounds.
But when the Town introduces Donald Cannon, at its Town Board meeting, as the financial guru of the Xposure program and at the same meeting a kid announces he is investing $400 through Xposure, it is not unreasonable for residents to want to know something about the credentials of one who wears the tag "guru".
It doesn't matter that he is a volunteer and it certainly doesn't matter whether he gave $1000 to the program. Nor am I smearing Mr. Cannon's reputation by asking to know what his qualifications are.
To be fair, so far you have not deleted my comments regarding this matter because you recognize that I have not attacked Mr. Cannon.
But there is a very serious issue here. On whatever basis he stands before children of Greenburgh, he is doing it under the mantle of an outside vendor hired by the Town to run an afterschool program; a program presumably staffed by persons vetted to serve in various roles which provide the services contracted for by the Town and agreed to by the Xposure Program.
When Mr. Thomas and the Town presented (at a Town Board meeting at the TDYCC) Mr. Cannon as a "financial guru" this was a representation from the Town Board and a vetting that Mr. Thomas and the Town had performed due diligence and examined his credentials to be able to guide and instruct our children in the worlds of finance, or at least to adhere to what is presumed to be an existing syllabus created by Xposure. Even if the "course" is Mr. Cannon's creation, this does not change the situation. The Town has an obligation, having thrust a willing Mr. Cannon into the spotlight, to be sure of its praise. More so when even more well-known "financial gurus" are
becoming Xposed in the media.
So, your persisting in not obtaining and producing Mr. Cannon's resume is not only curious but increasingly unwise as Town Supervisor to ignore a reasonable, under the circumstances, request.
You would be on much more solid ground had the Town not installed Mr. Cannon publicly on a pedestal.
Can you not understand the resulting question, my wanting to know WHY he is lauded as a financial guru?
Few true gurus seek to avoid recognition. Since this all started a month ago, the longer the mystery is left unanswered, the greater the rise in speculation that something is amiss.
At the same time that I am having my continuing contretemps with Ms. Beville, I am sure that if you asked her what the Valhalla School District would insist upon before allowing anyone to stand in front of their kids, the answer would be that of course they would have a copy of the resume.
If the Town doesn't have one when I asked (somewhat understandable) by now it should and this issue will subside (presuming that the resume supports the guru moniker).
Others may choose to carry the ball deeper into the away team territory and pursue the equally reasonable presumption that anyone with some basis to be there and who has contact with Town children on Town property should be properly vetted.
But for now, I'm sticking with Mr. Cannon for the reasons cited above.
financial guru defined
someone who has only lost 25% since september 2008
"I have raised reasonable questions about someone who remains a mystery to most of Greenburgh."
Just because you ask non-sensical questions doesn't mean they are reasonable.
Dear anonymous: Please post your bio
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