Who are You Calling?

Mayor Marchionda went on a tirade at the September 7th village board meeting, complaining about an article 78 suit that was filed recently which challenged the village's denial of a freedom of information request. The request asked for the mayor's cell phone records for the months of December and January 2004.

Our founding fathers understood human nature. Thomas Jefferson pointed out that our democracy is founded in skepticism, not faith. Jefferson said , "Free government is founded in jealousy, not confidence.... Let no more be heard of confidence in men, but bind him down from mischief by the chains of [law]." Instead of blind faith in the goodness of elected officials, our democratic system is based upon the principles of openness and accountability. Laws rule this country, not men. In the United States, laws give people the right to know what government is doing in our name, with our tax dollars. This country's freedom of information laws were instituted to safeguard ordinary citizens from fraud, abuse, and waste by public officials. It isn't blind trust that keeps our system working. It is a healthy dose of skepticism.

Mr. Marchionda's cell phone is paid for and supplied by the taxpayers of the village of Penn Yan. He should only be using this cell phone for official village business. As such, these official phone records are not privileged information. The public has a right to know how the government is using a resource when they foot the bill. Freedom of Information requests for phone records of elected government officials are not a new thing. New York State Department of State has dozens of advisory opinions on this subject posted on their web site.

Here is an excerpt from one opinion dated December 4, 2002, written by the executive director of the Committee on Open Government:

"When a public officer or employee uses a telephone in the course of his or her official duties, bills involving the use of the telephone would, in my opinion, be relevant to the performance of that person's official duties. On that basis, I do not believe that disclosure would result in an unwarranted invasion of personal privacy with respect to an officer or employee serving as a government official. Since phone bills often list the numbers called, the time and length of calls and the charges, it has been contended by some that disclosure of numbers called might result in an unwarranted invasion of personal privacy, not with respect to a public employee who initiated the call, but rather with respect to the recipient of the call. When phone numbers appear on a bill, those numbers do not necessarily indicate who in fact was called or who picked up the receiver in response to a call. Therefore, an indication of the phone number would ordinarily disclose nothing regarding the nature of a conversation. Further, even though the numbers may be disclosed, nothing in the Freedom of Information Law would require an individual to indicate the nature of a conversation."

Village Attorney Edward Brockman received a 47% pay raise in the budget approved by Penn Yan Village Board of trustees earlier this year. The taxpayers are footing Brockman's salary. Is Brockman advising the mayor to undertake an expensive legal proceeding to keep from turning these phone records over? Certainly such advice seems to be glaringly at odds with the opinion of the highest expert on the Freedom of Information Laws in New York State. The mayor said he is willing to go to "considerable expense" to keep from turning the records over. This begs the question - who is wasting the taxpayers money? Should the mayor be allowed to suppress from scrutiny the records of the telephone he uses in the course of his official public duties? Should the taxpayers pay for his stubborn refusal to turn the records over?

Investigative reporters have been requesting the cell phone records of elected officials for as long as cell phones have been around. Below are links to a couple of articles available on the web regarding reporters and cell phone records.

http://www.dallasobserver.com/issues/1995-04-06/feature.html - cell phone abuse by Dallas government officials uncovered by a Dallas reporter's freedom of information requests. City Hall's top brass use taxpayer-provided cell phones to call sweethearts, power brokers, and Pizza Hut.

http://www.rcfp.org/news/2003/0423ficopn.html Request by reporter of Bridgeport Connecticut mayor's cell phone records reveals that the mayor regularly used his city-issued cell phone for personal use.

http://www.mysanantonio.com/news/metro/stories/MYSA070504.1A.CountyPhones.c649f0e.html local government in San Antonio fails to control who uses cell phones and for what purpose, a reporter's investigation reveals.

http://www.jacksonville.com/tu-online/stories/012304/met_14616768.shtml Reporter uncovers interesting facts about Jacksonville city council cell phone habits after examination of five month's worth of cell phone records.

http://www.azcentral.com/news/election/county/articles/0831assessor-analysis31.html Arizona Republic newspaper reporter's freedom of information request reveals that a county official running for public office used a government issued cell phone for personal use - among other ethical problems.

Archive - Past "What's New" Items:

Ode to a Fallen Oak - August 7, 2004
Who Moved Our Sign? - August 14, 2004
Special Use Permits - August 21, 2004
What's Wrong with this Picture? - September 11, 2004
Who are You Calling? - September 19, 2004
Chronicle Express - Afraid to Ask the Tough Questions? - September 30, 2004
Who You Callin' - Volume 2 - December 27, 2004
Should Snowmobiles be Allowed in the Village? - January 2005
Revised EAF and so-called 'decibel study' - March 2005
A New Tour Boat for Keuka Lake - May 2005
Walgreens Proposal- July 2005
August Boat show - August 2005

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