Wednesday, May 4, 2016

Who are 279 people employed in Delaware Opportunities Inc. and its "affiliates"?

After reading the audit of the Delaware County by the New York State Comptroller conducted in 2015 and showing that Delaware County funneled millions of dollars into Delaware Opportunities Inc. "and its affiliates" without public bidding;

and

after reading the audit report of Delaware Opportunities, Inc. indicating that it applied and received "pass-through" grants from Delaware County Department of Social Services, Town of Deposit and Village of Hancock, some of them for "community development", 



and 

after seeing in Delaware Opportunities Inc. the self-characterization that it is a "community action AGENCY"


and

after reading this advisory opinion of the New York State Committee for Open Government, citing to court opinions that "community development corporations", even though having an official status of non-profit corporations, are nevertheless deemed "agencies" within the meaning of Public Officers Law 86(3) and are subject to Freedom of Information Law - 

I decided to FOIL Delaware Opportunities, Inc. for certain records that may be of public interest.

Delaware Opportunities Inc. is, of course, trying to mislead those who come to read the "About Us" section on the website its website that it is not part of the local government (at least for purposes of FOIL) by saying this:


It is called "Delaware Opportunities", putting the name of the county into the name of the corporation, in violation of New York Business Corporations law, sending to people a message that it IS part of the government - because usually when this "corporation" is mentioned by the government (such as social services), social services do not say "Delaware Opportunities, Inc.", they say "Delaware Opportunities", clearly sending a message that it IS a part of the local government.

Delaware Opportunities, Inc. is funded by the government, it involves members of the local government in its Board of Directors, it claims to be a "community action AGENCY" on its tax returns, it performs governmental functions and services, it gets "pass-through" grants from the government for "community development" - and yet they say that they are are an "agency" that is "not a part of local government"?

Well, as the 1993 advisory opinion of the NYS Committee for the Open Government stated, citing to court decisions, it IS part of the local government - at least for purposes of being subject to Freedom of Information Law.

I will file FOIL requests with Delaware Opportunities, Inc. and will let the public know how they will respond.

Because I really want to know who are 279 people employed, as per the latest published tax return, with Delaware Opportunities Inc., and who are people employed with this "community action" and "community development" "agency" now.

And not only that.

Stay tuned.





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