RENSSELAERVILLE—A resident is suing Rensselaerville, charging that the highway superintendent is stymieing his attempts to acquire records on town projects.
Vernon Husek filed an Article 78 lawsuit with the New York State Supreme Court last Friday. In the lawsuit, Husek contends that Highway Superintendent G. Jon Chase "has public records in his possession that are the subject of two [Freedom Of Information Law] requests that have been willfully concealed from both public inspection and the town records management officer Kathleen A. Hallenbeck."

The lawsuit also accuses Chase’s son, a town board member, of threatening Husek.

Husek is chairman of the Independence Party in the Hilltowns.

On Aug. 12, Husek requested all town records pertaining to any equipment leased after Jan. 1, 2000 and anything prepared by the town’s engineering firm after Jan. 1, 2000. New York’s Freedom of Information Law allows citizens access to government records.

The lawsuit says that Hallenbeck, the town clerk, told Husek not all of the items he requested were immediately available because they were locked away in Chase’s office. Husek believes that, by not supplying the records, Chase is deliberately withholding information.

Chase did not return phone calls from The Enterprise.

Hallenbeck told The Enterprise the town was not able to complete Husek’s FOIL request because it was too broad.
"I think it was really too vague. If he was looking for something specific, we could have done that," she said. "We do have a lot of bills over five years."

Arnold Road spat

Husek submitted his request after an Aug. 10 town board meeting in which he asked Chase about a highway department project on Arnold Road. Husek had seen the project and wondered about leased construction equipment on the site and whether or not grade stakes were present.

Engineers place grade stakes on a work site to mark where work is to be done.
"It’s so you don’t end up digging in one spot and not another," Husek said.

Husek said that, if the town paid an engineer to design the project, grade stakes should be present. He didn’t see them, he said.

At the town board meeting, Chase said the grade stakes were there, and declined to comment further.

Husek said he checked the site three times.
"While I have cataracts, it’s not my experience that I can’t see grade stakes on a construction job," Husek told The Enterprise.

On Aug. 11, the morning after the town board meeting, Husek said, he went to Arnold Road to photograph the lack of stakes, and he encountered Chase’s son, Councilman Gary J. Chase, whose property touches Arnold Road.
According to the lawsuit, Gary Chase "came out of his residence yelled at and threatened retaliation against [Husek] for his interest in the road project."

Husek said Gary Chase asked him what he was doing there, and, when Husek told him, Chase became agitated.
"He started to get very angry and his voice became elevated," Husek said.
Husek said Chase told him that, if this fall’s elections, "go their way," there would be more special highway projects, particularly on Husek’s road.
"There’s an inference there," Husek said. "I think I know pretty much what he meant."

Jon Chase, a Democrat, is up for re-election in November.

Gary Chase told The Enterprise he only spoke to Husek that morning because he was on his property taking pictures. Chase said his children were in the house.
"I told him I didn’t want him on my property," Gary Chase said. "He was crawling through the woods."

Gary Chase said he did not try to stop Husek from photographing the road.
"I could care less if he wanted to take pictures of the road project," he said. "I was just concerned about my family."

Broad concern

The next day, Husek submitted his FOIL requests. He was able to get some vouchers from equipment rentals and one map, he said, but not the complete engineer’s plans. When he asked Hallenbeck about it, he said, she told him those records were in Superintendent Chase’s office, and she didn’t have access to them.
"At that time, I decided to start preparing the court case," Husek said.

Husek said he doesn’t blame Hallenbeck for anything.
"I don’t want my lawsuit to adversely affect her in any way," he said. "I didn’t feel she was responsible for what was going on."

Husek blames Chase for purposely hoarding the plans in his office.

Hallenbeck told The Enterprise the town makes photocopies of all the highway department’s records for the town’s files. However, she said, documents larger than 11 by 17 inches, like maps and plans, can’t be copied on the town’s equipment, so those are only available in their original forms and are kept by the highway department.
Husek would not speculate why Chase would withhold documents. "The refusal of the Highway Superintendent to answer questions about the project...[is] clearly of significant interest to the general public," he wrote in the lawsuit.
"My concern is a broad one," Husek said. "My concern is we have a highway superintendent who is refusing to answer questions about an expenditure of money...At some point, the town board has to take responsibility for allowing this situation to exist."

Husek is representing himself in the lawsuit. He is asking that the court require Rensselaerville to give him the records he requested and make Superintendent Chase relinquish control over any records.

Based on the disinterested reaction of the town board and the town supervisor when he asked about the project at the town board meeting, Husek said, he decided a lawsuit would be more effective than dealing with the problem through the town.
"I didn’t think I would get anywhere because I haven’t in the past," Husek said.