Public access law needs fix

Editorial Poughkeepsie Journal April 14 , 2005

Gov. George Pataki has a chance to speed up the process when the public wants information from its government.
The governor must seize this chance without hesitation.
The state Senate has joined the Assembly in passing a bill that would shorten the response time local and state government officials have to handle public information requests. This change is sorely needed. The state's Freedom of Information Law gives the public the right to see most government records. Yet, at times, the public has been frustrated by needless delays in obtaining the information. In some cases, agencies have taken months, even years, to honor the requests. That's because while government officials must acknowledge a request within five business days of receiving it, they can put off actually releasing the information for indefinite periods of times.
This bill would effectively end that loophole. The Senate bill, sponsored by Westchester Republican Nicholas Spano, would require the government to either grant or reject a written request within 20 days of its receipt. Going past the 20-day deadline would be viewed as rejecting the request, thereby subjecting the agency to a court appeal. A similar bill, sponsored by Utica Democrat RoAnn Destito, has passed the Assembly.
That means it's up to the governor to either sign the legislation into law or to keep providing cover to government agencies that fail to act on FOIL requests in a timely manner.
Responses to requests are delayed
The Associated Press noted that one of its FOIL requests -- an attempt to get records of proven cases of cheating by teachers -- went unanswered for three years. The Poughkeepsie Journal, too, had to wait months for some state documents, most recently in its request to get health-care information about the state prison system. But this legislation would do more than just help journalists. Robert Freeman, executive director of the state's Committee on Open Government, notes that most requests for government documents come from the general public. Concerned citizens want to know about local planning matters, or are interested in obtaining environmental or health records. All would be aided by a speedier process. Public participation is essential to democracy. The governor can, and should, foster that dialogue by signing this bill.
ON THE WEB To find out more about the state's Committee on Open Government, go to www.dos.state.ny.us/coog


Copyright © 2005, Poughkeepsie Journal .



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