Sure Plays A Mean Pinball.
Law Office of John J. Tormey
III, Esq.
John J. Tormey III, PLLC
1636 Third Avenue, PMB 188
New York, NY 10128
USA
(212) 410-4142 (phone)
(212) 410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
NEW REQUEST UNDER THE
FREEDOM OF INFORMATION ACT (“FOIA”)
Thursday, July 25, 2024
VIA FAX: 1-202-772-9295, U.S.
MAIL, and E-MAIL:
foiapa@sec.gov
Olivier Girod, Director,
Office of Support Operations and Chief FOIA Officer
U. S. Securities and Exchange
Commission
100 F Street, N.E.
Washington, DC 20549-0213 USA
VIA FAX: 1-202-772-9295,
U.S. MAIL, and E-MAIL:
chair@sec.gov
Gary Gensler, Chair
U. S. Securities and Exchange
Commission
100 F Street, N.E.
Washington, DC 20549-0213 USA
Re: Village of Piermont, New York – Municipal Securities/Bonds – CUSIP BASE #720798
Dear Chair Gensler, Director Girard,
and Colleagues:
I am an attorney in New York,
and a citizen and resident of the Town of Orangetown, and the County of
Rockland. Under Title 5 of the United States Code, Section 552 (5 U.S.C. §552)
(“FOIA”):
http://www.law.cornell.edu/uscode/text/5/552
request is hereby made that
your offices timely provide to this, my law office, full, complete, unredacted,
and otherwise unexpurgated copies of each and every document and other item of
material (collectively, “Records”) which may be at all responsive to the below
itemized requests:
1. Exhibit
“A”. Please note that Exhibit “A” attached/enclosed is an August
26, 2020 “Event Notification” citing the Securities and Exchange Commission’s
Rule 15c2-12 - referencing the Village of Piermont, New York, CUSIP BASE
#720798 - and also referencing a Village of Piermont failure to timely file
Fiscal Year 2019 material for a period of almost fifteen (15) months (the “Piermont
2019 Default”).
2. Exhibit “B”.
Please also note that Exhibit “B” attached/enclosed is a November 13,
2020 “Erratum Notice” citing the Securities and Exchange Commission’s Rule
15c2-12 - referencing the Village of Piermont, New York - referencing a Bond
date of December 11, 2020 – and also referencing a Village of Piermont omission
of important text in a prior Notice of Bond Sale (the “Piermont 2020 Errata”).
3. All Records.
Simply put, I am hereby requesting all Records relating to the Piermont 2019
Default, and all Records relating to the Piermont 2020 Errata.
4. Time-Frame.
I am requesting the production of all Records created, generated, communicated,
or otherwise existing from January 1, 2017 forward to the present day
(the “Time-Frame”).
5. All Other Records.
Additionally, I am requesting all other Records created, generated,
communicated, or otherwise existing within the Time-Frame, relating to
Piermont, New York, of any other kind. My understanding is that the Village of
Piermont, New York may issue bonds every year, and I am seeking all records
relating to each of those bond issues.
6. Persons.
Additionally, I am requesting all other Records relating to the following Piermont
individuals:
Jennifer
DeYorgi Maher - Village of Piermont NY Treasurer, Chief Fiscal Officer, and
Village Clerk.
Bruce
Tucker – Village of Piermont NY Mayor.
Mark
W. Blomquist – Village of Piermont NY Trustee.
Michael
E. Wright – Village of Piermont NY Trustee.
Lino
J. Sciarretta, Esq. - Village of Piermont NY Village Attorney.
Rob
Burns – Former Village of Piermont NY Trustee (who recently quit his post).
Hannah
Ross – Former Village of Piermont NY Deputy Clerk and Treasurer.
7. Types Of Records.
Without limitation to the foregoing, a partial illustrative list of the types
of Records which are requested hereby, is as follows:
Audit
Materials
“Audited Financial Statements”
Payment
And Repayment Schedules
Bid
Materials
“Bond
Calls”
Bond
Ratings
Bonds
Complaints
Consent
Judgments
Consent
Orders
“Continuing
Disclosures”
Correspondence
“CUSIP”
Numbers
Deliberative
Materials
Determinations
Disclosures
Documents
Indicating Fines
Documents
Indicating Penalties
E-Mails
“Erratum
Notices”
“Event
Notifications”
Exemption
Documents
Filings
Financial
Information
Financial
Statements
Investigative
Materials
Issuing
Documents
Judgments
“Material
Event Notices”
“Municipal
Securities Rulemaking Board” (MSRB) Materials
“No
Action” Letters
“Notice
Of Bond Sale” Documents
Notices
Obligations
Offering
Documents
Opinion
Letters
Orders
Rulemakings
Rulings
Serial
Bonds
Tax
Opinions
Tender
Offers
Transmittal
Correspondence
Transmittal
Letters
Transmittal
Memos
Underwriting
Documents
“Undertakings”
Violation
Notices
8. Violations Of Laws,
If Any. The foregoing requests include each and every Record reflecting
any “violation”, “reporting violation”, fine, penalty, or other past, present,
future, or anticipated violation, breach, or other transgression – if any - of
any federal, state, county, town, local, or other ordinance, rule, regulation,
requirement, or other law or standard, including without limitation any
violation of rules, regulations, or other laws enforced by, relating to, or
otherwise concerning the following agencies and authorities:
Federal
Agencies
-United
States Department Of Justice (USDOJ).
-U.S.
Attorney’s Office (USATTY).
-Federal
Bureau Of Investigation (FBI).
New
York State Agencies
-Office
of the New York State Governor (NYS GOV).
-Office
of the New York State Comptroller (NYS COMPT).
-New
York State Attorney General’s Office (NYSAG).
-New
York State Department of Public Service/New York State Public Service
Commission (PSC).
Rockland
County, New York Agencies
-Rockland
County, Office Of The County Executive (C.E.).
-The
Rockland County Legislature (RCL).
Town
Of Orangetown, New York Agencies
-The
Town Of Orangetown, New York (OTOWN).
9. Definition Of
“Records”. “Records” should be construed in the broadest sense and
manner possible and should include any information kept, held, filed, produced
or reproduced by, with or for your agency or office in any physical form
whatsoever, including without limitation all audio recordings, blog posts,
correspondence, data maintained electronically, data, e-mails, executive
summaries, extracts, faxes, instant messages, Internet posts, letters, log-book
entries, memos, paper records, personal messages, social media communications,
spreadsheets, summaries, synopses, telephone records, test-reports, visual
recordings, and any other materials.
10. Headings.
The headings used herein are for convenience of reference purposes only, and
should not be construed to be words of limitation or otherwise of any
substantive significance relative to this FOIA request.
11. Costs. If
there are any copying or other fees for this, please let me know what they are
and how they are calculated, before filling the request and forwarding the
Records to me. As this FOIA should be considered a matter of public importance,
and as its results will be shared with the general public, I am asking that any
otherwise-applicable fees be waived for this document-production. I am also
asking that all documents be provided to me electronically to the full extent
possible, so as to obviate the need for any photocopying expense.
12. Timing. As
you know, the Freedom of Information Act requires that any agency, including
your own, respond to a request such as this one within twenty (20) days of
receipt of the request.
13. Appeals. In
the event that any portion of my request is denied, please inform me of each of
the specific reasons for any such denial in writing - and provide me with the
name, address, and other contact information of the person or entity to whom an
appeal should be directed.
14. Further Requests.
This FOIA request is not intended to be exhaustive, and I may need to make
additional or follow-up requests.
I will appreciate a response
from you and your office as soon as possible. I look forward to hearing from
you shortly. Thank you.
Very
truly yours,
John
J. Tormey III, Esq.
