Information law needs fix in N.Y.

Editorial Poughkeepsie Journal March 29, 2005

When the public correctly goes about trying to get their hands on government documents, officials ought to comply -- promptly.
But, because of a loophole in the state's Freedom of Information Law, government agencies sometimes stall. They can take months to turn over the documents -- or to say definitively they are denying a request for information.
This loophole must be closed. State Sen. Nicholas Spano, R-Yonkers, has offered legislation to that end. He would tighten up the deadlines, forcing agencies to comply with FOI requests in a timely manner. Not only should the Senate approve Spano's measure, the Assembly must get hungry for this reform as well. And both houses should pass other bills aimed at reimbursing people who effectively fight FOI cases in court.
While government officials are under certain rules to acknowledge a request within five business days of receiving it, they can put off actual decisions on whether to release the information for indefinite periods of times. Spano's bill would clarify that, ordering officials to make a determination within 20 days unless they can come forward with a compelling reason not to comply. Otherwise, going past the 20-day deadline would be tantamount to rejecting the request, thereby subjecting the agency to a court appeal.
Spano's proposal is a modest step forward but an important one, especially for people like journalists in a deadline-driven business or members of the public trying to find out more information about, say, a development proposal before a pivotal public hearing.
While tightening compliance deadlines is important, agencies also should be required to pay court fees if they don't respond within the timeframe and are successfully sued for the information. That doesn't always happen now. For a petitioner to get reimbursed, the courts must rule the information should not have been withheld and that the information was ''of substantial interest to the general public.'' Some public documents might only be of limited interest to the general public, but that doesn't mean they shouldn't be open to those who are interested.
One bill in the Assembly, sponsored by Alexander B. Grannis, D-Manhattan, and another in the Senate, sponsored by Carl Kruger, D-Brooklyn, would end that reimbursement requirement.
These bills addressing problems with the state's public disclosure laws should be approved at once. Such laws are only effective if government bodies abide by them -- or are forced to abide by them.
On the Web
To find out more about the state's Committee on Open Government, go to the Web site: www.dos.state.ny.us/coog/coogwww/html

Copyright © 2005, Poughkeepsie Journal .

.

AREA NEWSPAPER
CONTACT INFORMATION

ULSTER/ DUTCHESS

Poughkeepsie Journal
PO Box 1231
Poughkeepsie, NY 12602
(845) 454-2000
For an on line letter to the editor. Fill out this form

ULSTER COUNTY

Saugerties Times
Monday deadline
P.O.Box
Phone:334- 8200
FAX your letter 334-8202
saugertiestimes@ulsterpublishing
(Attention Erica Freudenberger, editor)
P.O.Box 3329
Kingston, NY 12402

Albany Times Union
Times Union
90 State Street
Albany, NY 12207
(518) 454-5091
For an on line letter to the editor. Fill out this form

COLUMBIA COUNTY
The Independent
Indenews (online)

P.O. Box 360
Hillsdale, NY 12529
Phone (518) 325-4400
FAX (518) 325-4497
Parry Teasdale, editor

letters to editor require form through website

***NOTE: Our websites make an effort to glean info for our readers from local papers. This is no way a substitute for subscribing or picking up a local paper. We gratefully acknowledge the efforts local newspapers and publications make to our community.