Document

M-925

File #  M-9600370
Institution/HIC  Borough of East York
Summary  The Borough of East York (the Borough) received a request under the MunicipalFreedom of Information and Protection of Privacy Act (the Act ) foraccess to a copy of an agreement between the Borough and a "financialinstitution" concerning an installment plan for the payment of realty taxesto the Borough (the agreement). The Borough notified the other party to the agreement (the affected party)of the request pursuant to section 21 of the Act , and requested commentson the disclosure of the record. The affected party submitted representationsto the Borough in which it objected to disclosure of the record. Followingreceipt of the affected party's submissions, the Borough issued a decision inwhich it granted access to the record. The affected party appealed this decision, claiming that the mandatoryexemption provided by section 10(1) of the Act (third party information)applied to the record, and Appeal Number M-9600230 was opened. The Boroughsubsequently reconsidered its decision, and issued a second decision in which itgranted access to Schedule 1 of the agreement, but denied access to theagreement itself (including Schedules 2 - 7) on the basis of section 10(1) ofthe Act . As a result, the affected party withdrew its appeal and AppealNumber M-9600230 was closed. The requester then appealed the Borough's decision to deny access to theagreement and Schedules 2 - 7, and the current Appeal Number M-9600370 wasopened. This office provided a Notice of Inquiry to the requester (now theappellant), the affected party and the Borough. Only the affected partysubmitted representations in response to this Notice. The record at issue consists of a fifteen-page agreement between the Boroughand the affected party, together with Schedules 2 through 7.
Legislation
  • MFIPPA
  • 10(1)(a)
  • 10(1)(c)
Subject Index
Signed by  Laurel Cropley
Published  Apr 11, 1997
Type  Order
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