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[0:00]
Call this meeting to order.
At 9:00.
[0:05]
FOIA appeal for Mr. Dwyer.
Join me with the Pledge of Allegiance.
[0:15]
I pledge allegiance
>> I pledge allegiance to the United States
[0:19]
of America. And to the republic for
which it stands, one nation under God,
[0:25]
indivisible, with liberty and justice
for all.
[0:32]
Madam Clerk, would you please take roll
call?
[0:35]
» Supervisor Johnson.
>> Present.
[0:37]
» Supervisor Crocco, here. Treasurer
Davis.
[0:40]
» Here.
>> Trustee McKay.
[0:41]
» Here.
>> Trustee Monkey is excused. Trustee
[0:44]
Blanchard is excused. Trustee Hoskins.
>> Here.
[0:47]
» Five present, we have a quorum.
>> Good.
[0:51]
Okay.
The forwards we have FOIA appeal of
[0:55]
William Dwyer. Appeal FOIA request
received on June 22nd, 2026.
[1:02]
So, I'm now going to turn over to our
attorney to
[1:05]
to uh
take it from here and
[1:08]
and I'll explain the appeal.
>> Okay, so thank you, Randy. So,
[1:13]
as you said, we're here for Mr. Dwyer's
FOIA appeal. And on June 22nd, he did
[1:17]
FOIA uh an email for a FOIA request
requesting uh the copies of the
[1:22]
completed unabridged fifth down pilot
logs, transition history, and metadata
[1:25]
generated by BS&A software database
pertaining to the property located 4300
[1:30]
Halstead Road in Willow Creek. Uh the
request specifically covered uh the
[1:35]
entire historical record for this parcel
from the date uh the township's BS&A
[1:39]
system was first implemented to present
day. Uh so, there was um
[1:45]
we did grant the uh
the the request to the extent that the
[1:49]
records did do exist. We do know that
there's a BS&A system BS&A system that
[1:53]
allows uh for us to research uh some
some of these uh these requests. Uh
[2:00]
So then on did Mr. Ryder did submit a
FOIA appeal
[2:05]
and that was received by the Township on
August 11th at its regular meeting. And
[2:10]
the appeal is Mr. Ryder requesting
following relief a public body cannot
[2:14]
capably perform its function when basic
statutory deadlines are routinely
[2:18]
ignored because the Township failed to
comply with mandatory time frames
[2:20]
established under the statute and legal
authority.
[2:23]
And because he's been forced to contact
the Township's over administrative
[2:27]
lapses he's collecting the problem. Uh
he's requesting that the clerk's office
[2:32]
to produce the actual BS&A change
logs/audit trails for personal number
[2:37]
04-014-031-00
[2:41]
and the permanent and waiver of all
processing fees as well associated with
[2:44]
this request. And there weren't any fees
associated with this request before um
[2:49]
my understanding. So the findings for
this
[2:52]
just a just some background oh
regarding
[2:56]
what the Township did to to look for
these records. Uh they the Township does
[3:00]
have the BS&A software program and that
I I recall I believe it was a Friday
[3:07]
myself, Joyce, and Kristy
I think it was most of that afternoon
[3:10]
we're going through and trying to trying
to to figure out how to pull these
[3:13]
records. We we did contact
BS&A their help desk and they they did
[3:18]
help us
walk through that process.
[3:21]
I think they had someone specifically
that was working with us. It was
[3:25]
complicated from what I recall. Uh we
were able to pull uh
[3:29]
uh several I think I think a bunch of
records. There was a couple years that
[3:33]
BS&A didn't have any records for
and you know because of that we weren't
[3:37]
able to produce those records but the
records that we did have we did
[3:41]
produce them. So once you know the
Township does have a ongoing duty to
[3:46]
disclose which means that if new records
come up along the way that we discover
[3:50]
we still have to turn those over. Okay?
Now,
[3:53]
with that um
the assessor is most familiar with BS&A
[3:58]
because they just work with it a lot
more than the offices of the clerk and
[4:01]
treasurer and or myself, I've never
really worked with BS&A before. So, we
[4:05]
just followed up with the assessor to
see is there any more additional records
[4:09]
that she could find that maybe we we
couldn't find during
[4:13]
during our research. And and I think
just for the time frame, I think it was
[4:16]
about 4 hours that we all
were working with BS&A to try to to pull
[4:20]
all the records for the first go. Um do
you know if you had an opportunity to
[4:23]
see if there was any records more
records?
[4:25]
» So, it was in the administrative BS&A
system I was able to pull an audit log
[4:31]
for each individual year, but my audit
log only shows changes such as address
[4:36]
changes and stuff.
Administrative changes.
[4:41]
I did call it. I did print it. I believe
they gave each year to you also.
[4:46]
That was the only other thing I was able
to find.
[4:49]
» So,
were all those records disclosed to you
[4:52]
by her?
>> I think
[4:54]
they they gave them to him.
>> Yeah, he's got them.
[4:56]
» Okay.
>> I I mean beyond that, I'm not aware of
[5:00]
any additional records
that exist.
[5:04]
You know, like I said, we did a a search
with BS&A for about 4 hours and then to
[5:08]
to make sure we didn't miss anything
else.
[5:11]
The the assessor
she just went through what she did.
[5:14]
There were some additional records that
were found, which is which is fine and
[5:17]
we're not going to really go into any of
this most of today.
[5:20]
Um Mr.
Dwyer did we speak with you today? Um
[5:23]
Mr. Dwyer, we also during this process
too would also like you to
[5:28]
if you have anything additional you'd
like to tell the board, uh go ahead and
[5:31]
have your chance. Okay.
>> All right. First of all, I asked for the
[5:35]
the records in in the digital format.
And um
[5:40]
uh
I filed a previous FOIA request for the
[5:46]
audit log on a building permit.
And
[5:50]
I received that in digital format. Here
it is in spreadsheet.
[5:56]
And
I don't understand why I haven't
[5:59]
received what I asked for
in digital format. I've got a stack of
[6:04]
paper here.
>> Okay, so if you receive that today, we
[6:06]
can scan this and then send it to him.
That if he prefers a digital copy,
[6:10]
that's something we can do.
>> Okay.
[6:13]
» Maybe even as soon as after the meeting.
>> Okay, if that's possible.
[6:16]
» I can do it as soon as I can for you.
>> So that would be fine.
[6:19]
» And the initial response was 3 days
late.
[6:22]
» And because of that, there was no cost.
There was a miscommunication of when the
[6:25]
records went out and we discussed that.
There was no cost associated with it.
[6:29]
» I'm sorry.
>> There was no cost associated with it.
[6:33]
» We were 3 days late.
>> Yeah, there was a miscommunication of
[6:37]
when and who sent the records. And we I
believe we addressed that.
[6:41]
Yeah, we addressed that previously.
There was There was no cost associated
[6:44]
with it.
We're We're processing it for you.
[6:51]
» And that initial response gave me
everything except what I was asking for
[6:56]
from from BS&A
software. I gave You gave me the the
[7:01]
records that are publicly visible, not
the audit log.
[7:05]
» As far as I know, we gave everything we
had. That's If the record doesn't exist,
[7:09]
it it doesn't exist or we don't create
something, but as far as I know, we gave
[7:12]
everything that
that we had.
[7:14]
» I think they're for 4 hours. It was
actually between 4 and 6. And it was
[7:19]
Cody Joyce and I, and I believe there
was two other attorneys involved and
[7:23]
BS&A.
>> And Michelle was on the phone.
[7:25]
» Yeah, and I did have Michelle on the
phone and I couldn't I dug up everything
[7:29]
that I could find.
And that's all that I could find. Um
[7:34]
and I don't think BS&A actually even
knew what we were asking for is what I
[7:38]
felt like.
>> Right.
[7:41]
» So I I did try to pull everything I
could.
[7:44]
» You know, at this point we can only
produce the records we have and that's
[7:47]
that's what we have.
Uh so,
[7:50]
like I said, it's not really I mean
there was a thorough search. I at least
[7:54]
4 hours with
two attorneys, several uh um
[7:59]
yeah, township officials and I think
part of that and Shell was on on the
[8:02]
phone to part of that process, too. Uh
so, in addition to what happened that
[8:06]
day, um she also was able to pull a few
uh files and pull a couple more uh logs
[8:11]
that we have here which have been
uh scanned from Mr. Dwyer and we
[8:19]
So, I don't have anything additional to
add. That's the summary of what happened
[8:22]
with
um we talked to Mr. Dwyer.
[8:27]
So, Mr. Dwyer doesn't have anything
additional. Uh no, I don't want to cut
[8:31]
you off. Do you have anything additional
about your political field we found for?
[8:34]
Okay.
Uh so, with this type of uh
[8:38]
anytime there's an appeal, there's a few
different uh
[8:41]
motions that could could be uh
adopted by the board. I I gave you the
[8:45]
proposed motions. Uh you could deny the
appeal because no other records exist.
[8:50]
Uh you could grant the appeal because on
additional research uh by the assessor,
[8:54]
additional uh records uh
were located. Uh and in this case, they
[8:59]
were located. We have to get them to a a
digital copy uh which he's going to get
[9:04]
in you know, in probably the next hour.
Uh so,
[9:10]
and in the second request is a full
permanent waiver of costs, but there
[9:13]
there was no motion associated with it,
so there's no motion associated with
[9:16]
that.
I I think then So, as far as the motion
[9:20]
goes,
yeah, I think we're going to grant the
[9:22]
appeal because there was additional
research and there were additional
[9:26]
records that were located and I think in
there you could qualify that uh
[9:31]
that they were going to they will be
produced to Mr. Dwyer today uh via
[9:36]
email.
[9:46]
So, I'm happy to answer any additional
questions.
[9:51]
» I have a few.
Um,
[9:55]
the 3-day late miscommunication, I guess
we don't need to go over what that was,
[9:59]
but sometimes that seems to be
continuing.
[10:03]
What can we do to move this forward so
we're not having these delays?
[10:08]
» No, it's a good question, Karen. So,
there's for example, we did receive a
[10:11]
couple of, uh, FOIA requests since. So,
the 10-day extension, uh, went out for
[10:15]
one of them yesterday. I confirmed Mr.
Dwyer received it on before the meeting.
[10:20]
Uh, the second one, uh,
is going to go out today. We also need a
[10:23]
10-day extension for that. And it's, you
know, for FOIA requests, uh,
[10:27]
on our end, it's
maintaining contact now with with with
[10:31]
Joyce and Kristy with a copy to if, you
know, to Randy. And then, uh, also with
[10:36]
with records that go out. Like for last
night's, for example, uh,
[10:40]
I was copying the whole board on it. Uh,
it's typically that, I mean, that's not
[10:44]
required FOIA, but I think that's
probably just the best case.
[10:46]
» Yeah, we appreciate that.
>> Yeah. We can handle that.
[10:49]
» My other question is this audit that we
just got here. And so did Mr. Dwyer.
[10:55]
Um, and this was printed out the 18th.
Moving forward,
[10:59]
I'm not sure who printed this out or who
had it, but it would be really nice to
[11:02]
get these earlier.
So, we have a chance to look at it
[11:05]
before the meeting. Cuz this was printed
the 18th, so that's a week. It We don't
[11:09]
have a chance to look at this. Mr. Dwyer
did not have a chance to look at this.
[11:12]
To me, that's not fair.
>> Okay. So, in the future, if there's, uh,
[11:16]
additional records, then let's let's get
those out
[11:19]
» The day they're printed. They should be
flying out to everybody.
[11:31]
That's it. Thank you.
Oh, one other
[11:35]
» Sure, sure.
>> our Zoom
[11:38]
that just went on the website and our
Facebook. We have to do better on that,
[11:42]
too.
[11:46]
Because that's how the public can keep
an eye on what's going on here as well
[11:49]
as us.
The Zoom should have went out on the
[11:52]
website, on Facebook. It's not It just
went on
[11:56]
at least 5 minutes before our meeting.
So, I've already have people sending me
[11:59]
messages that wanted to watch this that
are asking me where that Zoom is. It
[12:03]
should go should have been on Friday,
Thursday.
[12:07]
So, the public has a chance to be there
as well. I'm done now, thank you.
[12:13]
» I have a question.
>> Sure.
[12:14]
» for Dwyer. Um, under the transaction
history, what is it
[12:19]
that you're looking for specifically?
>> I just want
[12:23]
audit logs that show timestamps,
usernames, and what was changed.
[12:30]
» Okay.
>> On everything.
[12:32]
» Okay, I don't know that I can find that.
I can pull up
[12:37]
the one that I did myself
when I cashed that check, but that's the
[12:43]
only part that I can get into.
Michelle's system and my system is
[12:47]
completely different and a lot of her
stuff I'm not allowed into, but I can at
[12:52]
least pull up what I processed for you
and when I processed it.
[12:56]
» Okay.
>> And it's going to be the only one that I
[12:58]
can do and I can also send it over to
you. Is that Michelle? Is that something
[13:02]
you can do, the audit log? I I'm new to
I don't know.
[13:05]
» I just wanted that I did provide that I
that I did not I wasn't sure what was
[13:09]
what it was why I didn't pass it on
until I confirmed this morning that you
[13:12]
were going to pass it on.
>> Okay.
[13:14]
» Um, that is just administrative. That
basically will show to you if you just
[13:17]
took a parcel like address changes or if
there was a permit pulled that that was
[13:22]
put into my system.
They we link together and that
[13:27]
Yeah, different changes to the actual
administrative database.
[13:31]
» Okay.
>> You want my audit log to show?
[13:33]
It doesn't show any payments or anything
like that.
[13:35]
» Okay. So, between both of you, you can
>> Yeah, I can only pull up the one.
[13:39]
» Got you.
>> But the one that I did, I can pull up.
[13:42]
But
I mean, I can try to dig deeper, but I
[13:46]
can only go so far. I'm only allowed to
go so far in the system.
[13:50]
» Yeah. So, between both of you, like I
said, they can probably
[13:54]
get better or both of you printing
something out and comparing it? I don't
[13:57]
know.
>> I have a question. It's a
[14:00]
It's a Microsoft SQL database. Why is it
not linked?
[14:06]
» Well, they're linked, just I don't have
access to or they do anything in the
[14:10]
treasury system or pull any reports. I
only have access to my
[14:14]
administrative BSA database. They're two
different
[14:18]
systems. They're linked, but um
a building permit, per se, I can look
[14:22]
into that there is a building permit,
but the specifics of it I have to
[14:25]
manually put in.
That's
[14:28]
» Okay, that doesn't make any sense, but
okay, whatever. I don't care.
[14:32]
» I don't disagree.
>> Yeah.
[14:36]
» And I am the same. I can't change
anything on your system. There are some
[14:41]
things I can see, but I can't change
anything.
[14:43]
» Is that the normal stuff?
>> I I've run this issue before.
[14:46]
» Okay. Okay.
>> Yeah, and it is See, like the problem is
[14:48]
is like you're we're limited to the
program that we use. So, a lot of times
[14:52]
when there are requests for this
it's exactly what you're seeing now.
[14:56]
Like you pull the records and then
that's the record we have and we
[15:00]
produce. And if there's something that
additional records that exist somewhere
[15:05]
we don't have them. And that's why you
see that nothing exists as far as on
[15:10]
that end, but that that's been a
It's not the first time I've ever heard
[15:14]
that.
>> Okay.
[15:15]
» So, that's um pretty normal for the job.
Each job has their own program that they
[15:20]
deal with.
>> Right.
[15:21]
» And Yeah, a lot of them you can do a
read-only,
[15:24]
» Mhm. but not produce anything from.
>> And I get that, but with Christie's
[15:28]
printout and Michelle's printout, it
seems like we could do a comparison and
[15:31]
maybe make a spreadsheet on those
comparisons on each of yours and yours.
[15:35]
Does that make sense, or is that
>> I don't know that I can dig that deep. I
[15:38]
might just be able to pull up the
transaction that I did.
[15:41]
» Yep.
>> So, anything else
[15:44]
I think it's only going to be the one
transaction.
[15:46]
» Okay.
>> The one that I processed.
[15:48]
» Yeah.
>> It's what it is, so I don't know if
[15:50]
there'll be a comparison.
>> Okay.
[15:53]
» My audit log won't show her transaction.
>> Correct.
[15:56]
So, okay.
[16:02]
» For the record, you you know that you
you processed the one in May on the 20th
[16:07]
on May 21st.
>> Yes, that was the
[16:11]
» That was building permit.
>> It was a building permit that he he
[16:15]
actually processes it
in his system under building and zoning,
[16:20]
and so he enters the information in, and
then he brings it over to my office, and
[16:25]
I cash receipt it, or actually you cash
receipt it.
[16:29]
And then I'm the one that does the
deposit to the bank on that.
[16:35]
So, that was the only part that I I
deposited it. Pretty much is all I
[16:40]
did with it.
[16:54]
» Um
this is what I got from that
[16:57]
from that uh
that May
[17:00]
uh request.
>> That was the one from the building
[17:02]
permit.
>> I got the one from the building permit.
[17:05]
So, I had even tried when we were
talking about it last week recreating
[17:09]
that one, and every time I tried to run
that same record, BS&A was giving me an
[17:12]
error, like memory something something.
Uh so, I'm looking into that, but so I
[17:18]
on my side, like I know there's a couple
of enforcement and stuff I was trying to
[17:21]
get the auto lot for, but it kept giving
me that same error.
[17:24]
Um, but I'm working on that. I can okay,
send all that over to you when I get it.
[17:34]
» Go ahead and pass it around the room to
me.
[17:36]
» Okay, sure.
[17:43]
» So, what we need then is the motion to
grant the appeal with an understanding
[17:48]
that any new info will be forwarded.
[17:57]
» I move to uh
grant the appeal
[18:02]
with the understanding that any research
has been located
[18:08]
and will be distributed on
[18:12]
» And that
>> later today?
[18:13]
» with zero fee?
>> With zero fee?
[18:16]
» fee. There was no fee.
[18:22]
» I'll second it.
[18:27]
» Moved and seconded. Is there any dis-
more discussion on it?
[18:32]
» I just if you pull the original
paperwork on that permit, you'll see
[18:35]
that the the dates are wrong.
[18:40]
» I don't know if I can pull Cody's
um paperwork on that.
[18:44]
» I'm talking about my paperwork with my
handwriting on it.
[18:48]
» Can I copy this?
>> Yeah. I have
[18:51]
the same version. I can send it to you.
>> Okay.
[18:53]
» It's a PDF file.
>> If you can forward that to all of us,
[18:58]
please.
[19:03]
» There's a motion on the floor to be
voted on.
[19:08]
Any discussion can take roll call.
>> Trustee Hoskins.
[19:13]
» Yes.
>> Treasurer Davis.
[19:14]
» Yes.
>> Clerk Barocco. Yes.
[19:17]
Trustee McAd.
>> Yes.
[19:18]
» Supervisor Johnson.
>> Yes.
[19:20]
» Five yes. Motion carried.
[19:34]
» Who did you want to
speak?
[19:37]
» After public. If anybody need anybody on
the board to talk after public.
[19:42]
» Okay, Mr. Blair, are you
satisfied?
[19:46]
Are you satisfied with your comments so
far or you need more time?
[19:51]
» I guess.
I mean, that's
[19:55]
that's if that's the best you can do,
then
[19:57]
I guess that's all I'm
all I'm going to get.
[20:02]
» Okay, we'll move to a public comment.
Anybody wishing to speak at this
[20:05]
hearing?
[20:10]
» No.
[20:16]
All right.
>> I'll be back.
[20:23]
So,
[20:26]
here we are again in another
FOIA appeal.
[20:31]
Um
[20:34]
that was done everything last minute
again.
[20:38]
Like you said, should be done.
Many things are done, we should have it
[20:42]
put out to the public for anything. I
mean,
[20:45]
the only reason and I know because I had
conversations with people that was here
[20:49]
about how politics work and the power
works. Somebody do things like
[20:53]
send out your emails at, you know, 4:29
on Thursday when you're leaving for the
[20:58]
weekend and that's what you do with the
game that you play
[21:02]
and it's a regular occurrence that
happens
[21:07]
from attorneys as well as from boards.
Um you form patterns when you do things
[21:14]
like I have for as long as I have.
You form some patterns of things. And
[21:20]
then when you're told things
that have happened.
[21:27]
And then you you can say that someone's
lying, but then oh, I guess I the nice
[21:31]
way to put it out there was someone
misspoke.
[21:35]
Someone must have just misspoke recently
because
[21:39]
because we don't we don't have a pattern
yet of
[21:43]
not sharing properly. We don't have
patterns yet of
[21:48]
doing things incorrectly.
[21:55]
The data that he requested is absolutely
100% a part of the BS&A system.
[22:02]
Whether you're not talking to a
technician, you're talking to a
[22:05]
salesperson instead of actual data
technicians.
[22:09]
The The records are there
of who
[22:15]
as a representative in your in your
departments
[22:19]
did any changes within the system. Those
records are there.
[22:23]
1,000%
I am building these same exact systems.
[22:30]
And guess what? For retention of all
records for when you build a system like
[22:35]
this,
every single bit of data is in the
[22:38]
system.
And it is a record.
[22:41]
It's there.
[22:45]
You guys can just deny and play ignorant
all you want.
[22:49]
But you guys' ignorance is costing the
township too much money.
[22:54]
And it is growing at a rapid pace.
So I suggest you again, like I said last
[23:00]
meeting, we probably need to fire the
attorney again and find someone that's
[23:05]
competent. I think we should maybe get
people on the board that actually are
[23:10]
competent to do work like FOIA requests
that are actually simple. You guys are
[23:15]
screwing it up at a very
very severe degree. Attorneys and the
[23:19]
clerk are not doing it at all.
Simple work.
[23:24]
Simple work.
[23:32]
» Anybody else would like to speak in
public comment?
[23:39]
Seeing none, we'll go to uh
trustee personal privilege.
[23:47]
» Mr. McGinn.
>> I'm all set.
[23:53]
» I'll again reiterate that I but I'm
earlier that we do need to do better.
[23:58]
These need to get to us. We have to have
time to review these instead of them at
[24:01]
our
desk here at our seats when we come in
[24:05]
for this FOIA. Emails would be great. I
want to work on these dates. We should
[24:11]
not be filing extensions unless it's
something major. I would like to know
[24:16]
what constitutes a 10-day
an extension for 10 days that we're not
[24:20]
able to get that information.
The 3 days late and stuff, I just
[24:24]
the public's asking for that and they're
seeing that. So, we need to move that
[24:29]
forward.
That's it.
[24:32]
Thank you.
[24:34]
» Um
[24:37]
I will try to get on the phone again
with the FOIA and talk to them again to
[24:41]
see if there's something that I can find
or something they can help me find to
[24:46]
see
if I can help him find what he's looking
[24:50]
for. Again today, I'll try.
Um that's all I have.
[24:57]
» I'm good.
>> No further comments.
[25:02]
Hearing is adjourned.