When it comes to compliance and enforcement of open meetings and freedom of information laws, New York State still has a lot of work to do.
That was the Sunshine Week conclusion of government transparency advocates who met with state lawmakers in Albany on Wednesday to press for the passage of reform bills they say will strengthen New York’s open government laws.
“We have the laws on the books. We just don’t enforce them. Why is the burden of enforcing transparency laws placed entirely on the residents of New York?” said Axel Ebermann, director for the non-profit, non-partisan group, the New York Coalition For Open Government.
This week is Sunshine Week, a period recognized by journalists, civic groups, educators and lawmakers in an effort to highlight the importance of public records and open government. It is based at the Joseph L. Brechner Freedom of Information Project at the University of Florida’s College of Journalism and Communications.
Ebermann and other coalition members contend New York remains in a “crisis” where open government is concerned.
To prove their point, they shared the findings from coalition research, which showed:
• Only 31% of state agencies provided FOIL data in their 2022 Transparency Plans
• Most state agencies take more than the 20 days required by FOIL to provide requested records
• 72% of towns do not post meeting documents online
• 35% of villages did not even post a meeting agenda
• 39% of counties failed to acknowledge FOIL requests within the required five business days
• 73% of election boards failed to acknowledge requests within five business days
• 28% of counties never acknowledged FOIL requests at all.
Coalition members continue to advocate for the passage of four transparency bills, including:
• A Constitutional amendment covering the right to public information. Coalition members said the amendment would enshrine the right to access government records and attend public meetings in the New York State Constitution. Four other states have already approved similar amendments.
• A measure that would make it easier for New Yorkers who prevail in FOIL cases to recover legal costs, bringing the state in line with standards in California and Florida.
• Mandatory open government training for local officials. The bill would require local clerks, records access officers, and FOIL appeal officers to complete at least two hours of annual training on the Open Meetings Law and FOIL and
• A requirement mandating hybrid meetings for all public bodies. The bill would make hybrid meeting rules permanent and mandatory, ensuring remote access for residents who cannot attend in person.
Coalition members joined on Wednesday in Albany with six legislative sponsors of broader open government laws as well as representatives from other good government groups, including Reinvent Albany, the NYCLU, Common Cause/NY and the Freedom of the Press Foundation.
The coalition’s push comes after a session in which several transparency bills gained significant legislative momentum. Last year, the bill to reduce agency FOIL response times passed both the Senate and the Assembly – only to be vetoed by Gov. Kathy Hochul. Other FOIL reform bills passed one chamber but stalled in the other. The coalition says those near-misses show the legislature is ready to act, and that the remaining obstacle is political will at the executive level.
“We come to Albany every year with our partners. We research problems, write bills, and work to pass them. Some of them actually move forward thanks to our legislators. And then — they often get vetoed by the governor. That is immensely frustrating,” Ebermann said.