by Carol Thompson

Oswego County Legislature Clerk Ted Jerrett has again refused to provide access to information that the state’s top Freedom of Information Law expert says are a matter of public record.

Last week, The Valley News requested a listing of the internet sites visited by two employees at the county office building. Those records are tracked by internet “cookies.”

Jerrett verbally denied the request, stating that Richard Hogan, who oversees those records, said that to allow them might jeopardize the passwords to those computers, hence, jeopardize the integrity of the county’s records.

Passwords were not requested, however, and the information requested was only for the internet sites visited. A written denial that came days later gave an entirely different reason. That denial stated that the records are not kept. “If the computers have hard drives, the records are kept,” said Robert Freeman, the executive director of the New York State Committee on Open Government. “That’s an excuse,” he added.

Freeman said the public has the right to know what internet sites are visited and that the county’s excuse to deny those records is not acceptable. The county has provided internet usage records in the past. The Valley News requested them in the early 1990s and the request was granted.

Other municipalities, including the Town of Schroeppel and the Village of Phoenix, have made their internet records available.

The records were requested after learning that in a separate cyberstalking investigation involving a political gossip site, the IP address of at least one county computer is registered as visiting that site. Information was not yet available if any comments were posted on the web site from a county computer.

Freeman said the county has no legitimate reason to deny the request. It has been resubmitted to Jerrett and will be appealed if denied again.

Jerrett has also continued to deny a request for the names of the legislators who receive the taxpayer-funded health benefits following several requests.

Freeman said that is also public information and cited a recent case where a reporter’s fight for benefit records has led to a downstate investigation involving the State Attorney General and the FBI.

Newsday first reported on the case of Centerport attorney Lawrence Reich, who is alleged to have been illegally obtaining state benefits. Five school districts falsely reported him as a full-time employee, enabling him to collect a pension of nearly $62,000 and health benefits for life.

An investigation launched by Attorney General Andrew Cuomo two weeks ago reportedly has expanded to include 4,000 local governments and 10 counties.

Freeman said he issued the opinion to the Newsday reporter following the first denial of the benefits records. He maintains that the Oswego County likewise has no valid reason to deny access to the records.

Last year, there was said to be 14 legislators receiving the health-insurance perk, funded by taxpayers, that includes a $1,000 benefit for uninsured medical, as well.

The written denials to the appeals have come from the office of the county attorney. Freeman said he disagrees with the opinion rendered in the denial.

A private citizen who requested the information and was subsequently denied has contacted the state attorney general for further review.