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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