There’s a push in Albany to pass legislation that advocates say would increase transparency when it comes to government secrecy and abuse of power.
It’s called Sunshine Week and it’s a time of advocating for groups who say they want to strengthen New York’s Freedom of Information Law.
“It is even more important that New York standout and be a bright spot amidst what’s been some challenging times for government transparency across the country,” said Rachael Fauss, senior policy advisor at ReInvent Albany.
Fauss is one of more than a dozen watchdog agencies pushing New York’s state Legislature to pass more laws to enhance the Empire State’s openness and access to government information.
“In terms of the laws that protect the rights of the public to information, the number one law is the Freedom of Information law,” said Fauss. “Unfortunately, it’s not as strong as it needs to be.”
Advocates are asking for four specific proposals to make it to the governor’s desk, including the Report FOIL Activity bill that was just delivered to the state Senate after passing the Assembly on Wednesday.
The measure would require agencies to report information about FOIL inquires to the Committee on Open Government.
It was sponsored by Assemblyman John McDonald, D-Cohoes.
“The reality is this, the public has a right to know exactly what the government is trying to do,” said Assemblyman McDonald.
Another proposal dealing specifically with the time fame in which government agencies have to respond to a FOIL inquiry is currently being reworked.
The bill was sponsored by state Sen. James Skoufis last session. Despite passing both chambers, it was later vetoed by Gov. Kathy Hochul back in October after making it to her desk.
The legislation calls for entities to respond to records requests within five business days and requires specific reasoning if a delay beyond 20 business days is needed.
It also prohibits denials based solely on volume or staffing limitations and would allow agencies to hire outside help and recoup costs under existing law.
In her veto message last fall the governor said in part: “While I support the goal of enhancing public transparency, the bill as drafted is unworkable. It establishes arbitrary deadlines for state and local governmental entities to disclose records in response to FOIL requests, regardless of the complexity or length of any given request or the staff time needed to complete review.”
“My hope is that in responding to some of the concerns that are raised in the veto message perhaps we can at least open a dialogue and see if there’s some compromise that the executive is willing to move forward with,” said Skoufis, D-Cornwall.
The two other bills advocates support deal with reasonable attorneys’ fees in FOIL proceedings and requiring state agencies that currently have exception status when it comes to the Freedom of Information Law to periodically re-apply for exception status.