E-mails between a public employer and an applicant for public employment may be subject to disclosure pursuant to the Freedom of Information Law

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E-mails between a public employer and an applicant forpublic employment may be subject to disclosure pursuant to the Freedom ofInformation Law
Hernandez v Office of the Mayor of the City of New York, 2012 NY Slip Op08067, Appellate Division, First Department
Sergio Hernandez filed an Article 78 petition seeking acourt order annulling the determination of the Office of the Mayor of the Cityof New York denying his requests under the Freedom of Information Law (FOIL)for certain e-mails sent from or “received by any government email accountsassigned to the Office of the Mayor to or from Cathleen Black, at the time shewas a nominee for the position of New York City School Chancellor” and certainother records.
Supreme Court directed the City to produce redacted copiesof such e-mails, which as the Appellate Division subsequently noted, were not exemptfrom disclosure as inter- or intra-agency materials within the meaning ofPublic Officers Law §89[2][g].
The City appealed the court’s order.
The Appellate Division sustained the lower court’s ruling,explaining that Black was not an agent of the City since she had not yet beenretained as Chancellor. In addition, said the court, Black was not actingsimply as an outside consultant on behalf of the City, but was a privatecitizen with interests that may have diverged from those of the City.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_08067.htm