June 18, 2007
I have received your letter and, based on your remarks, must reiterate the initial point offered in the opinion addressed to you on May 11. Very simply, there is nothing in the Freedom of Information Law or the Open Meetings Law that requires that government officers or employees respond to questions, supply information in response to questions or offer explanations for their governmental activities. Again, the Freedom of Information Law pertains to existing records and specifies that government agencies need not create new records to comply with that law. Also as noted in that opinion, the Open Meetings Law provides the public with the right to attend meetings of government bodies. It does not, however, give the public the right to speak or require that questions be answered during meetings held in accordance with that law.
I hope that the foregoing serves to clarify your understanding of those laws.
Robert J. Freeman
cc: Peru Town Board
Hon. Kathleen Flynn