Oswego, NY -- An Oswego business owner is in the process of suing
Oswego County Clerk George Williams, contending he is breaking the law
concerning searches of public documents at the clerk’s office.
Aaron P. Smith, owner of APS Information Services, says Williams does not allow the public to search Oswego County Court and Supreme Court indices, which include names and disposition of criminal cases. He said Williams has his employees perform the searches so he can charge fees.
Smith, who has been in the document search business for 16 years, said of the six counties in which he does business, Oswego is the only one where the clerk operates this way.Smith works for national background-screening companies charged with making criminal background checks of people, who for instance are applying for jobs, renting apartments or working on military contracts. He does searches in Onondaga, Oswego, Jefferson, Erie, Niagara and Monroe counties.
Oswego County Attorney Richard Mitchell said Williams has not yet been served paperwork regarding the lawsuit. Smith’s lawyer, Scott Chatfield, of Marietta, said the case will be argued Nov. 10 in state Supreme Court in Utica. Chatfield quoted an opinion issued by Robert Freeman, executive director of the state Committee on Open Government, that says state regulations “have specified that when records are accessible, they must be made available for inspection, and that an agency cannot charge for the inspection of records.”
“Only when copies of records are requested are fees charged,” Chatfield said.
Smith said if he goes to one of the other five counties to search a criminal index on a subject, he would do the search himself, get the information he needs and leave. In Oswego County, Smith would not be able to search the subject’s criminal index by himself. A county clerk’s office employee would do the search and then charge Smith $5 for each two-year period searched.
Smith said he spends from $2,500 to $6,800 a month for searches in the Oswego County Clerk’s office. That is a cost he incurs in no other clerk’s office.
“It’s extortion,” Smith said. “He’s creating this revenue stream for the county and then walking in and saying ‘look how wonderful I am.”
Deputy County Clerk Georgiana Mansfield said Williams had no comment on the legal action.
In a letter to Smith’s lawyer dated Oct. 11, Mitchell said “although you contend your client is prevented from using the County Clerk’s office, that does not appear to be the case.
"Williams has faced some controversy of late stemming from hiring a company to manage county documents.The county Ethics Board investigated him twice.
Once was to determine if he was an employee of Info Quick Solutions, of Clay, one of the companies interested in the document management contract. It is owned by a friend of Williams. He was found not to be employed by IQS.The other involved Williams and his deputy clerk for operations eating at a Fulton restaurant with IQS representatives right after presentations by IQS and other potential vendors were made to the legislative committee. The board found that while Williams and his deputy did not break any laws, dining with the IQS personnel constituted “an appearance of impropriety.” The FBI also has been examining the relationship between the county clerk’s office and IQS and has subpoenaed 10 years’ worth of county clerk records.
Aaron P. Smith, owner of APS Information Services, says Williams does not allow the public to search Oswego County Court and Supreme Court indices, which include names and disposition of criminal cases. He said Williams has his employees perform the searches so he can charge fees.
Smith, who has been in the document search business for 16 years, said of the six counties in which he does business, Oswego is the only one where the clerk operates this way.Smith works for national background-screening companies charged with making criminal background checks of people, who for instance are applying for jobs, renting apartments or working on military contracts. He does searches in Onondaga, Oswego, Jefferson, Erie, Niagara and Monroe counties.
Oswego County Attorney Richard Mitchell said Williams has not yet been served paperwork regarding the lawsuit. Smith’s lawyer, Scott Chatfield, of Marietta, said the case will be argued Nov. 10 in state Supreme Court in Utica. Chatfield quoted an opinion issued by Robert Freeman, executive director of the state Committee on Open Government, that says state regulations “have specified that when records are accessible, they must be made available for inspection, and that an agency cannot charge for the inspection of records.”
“Only when copies of records are requested are fees charged,” Chatfield said.
Smith said if he goes to one of the other five counties to search a criminal index on a subject, he would do the search himself, get the information he needs and leave. In Oswego County, Smith would not be able to search the subject’s criminal index by himself. A county clerk’s office employee would do the search and then charge Smith $5 for each two-year period searched.
Smith said he spends from $2,500 to $6,800 a month for searches in the Oswego County Clerk’s office. That is a cost he incurs in no other clerk’s office.
“It’s extortion,” Smith said. “He’s creating this revenue stream for the county and then walking in and saying ‘look how wonderful I am.”
Deputy County Clerk Georgiana Mansfield said Williams had no comment on the legal action.
In a letter to Smith’s lawyer dated Oct. 11, Mitchell said “although you contend your client is prevented from using the County Clerk’s office, that does not appear to be the case.
"Williams has faced some controversy of late stemming from hiring a company to manage county documents.The county Ethics Board investigated him twice.
Once was to determine if he was an employee of Info Quick Solutions, of Clay, one of the companies interested in the document management contract. It is owned by a friend of Williams. He was found not to be employed by IQS.The other involved Williams and his deputy clerk for operations eating at a Fulton restaurant with IQS representatives right after presentations by IQS and other potential vendors were made to the legislative committee. The board found that while Williams and his deputy did not break any laws, dining with the IQS personnel constituted “an appearance of impropriety.” The FBI also has been examining the relationship between the county clerk’s office and IQS and has subpoenaed 10 years’ worth of county clerk records.
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