| I want to put in a word for the Albany Times-Union's outstanding special section in honor of "Sunshine Week," the annual effort, first launched by the Florida Society of Newspaper Editors, to foster a national dialogue on open government and freedom of information issues (check out the Sunshine Week blog, too). The issue is particularly relevant to New York, as a survey of members of Investigative Reporters and Editors slapped our state's freedom of information laws with a 'D' grade (pdf).
Times-Union Senior Editor Bob Port compares New York to Florida, and finds we've got a lot to learn: In New York, a citizen who marches into town hall and asks to see the town supervisor's appointment calendar can be greeted by a laugh or a snarl from the staff.
"Make a FOIL request" is frequently the response, a reference to New York's often-cited Freedom of Information Law. A particular document might not be available, depending on the government's mood, for, oh, a couple of months.
In Florida, that same request wouldn't cause laughter. An immediate photocopy is anyone's right -- and all government officials know it. |
| As former NYPIRG legislative director - now Project Sunlight director - Blair Horner puts it, "there's no culture of openness" in New York - hardly surprising for a state where our legislative incumbents have managed to wall themselves off behind a veil of apathy, obscurity, and incumbent-protection schemes.
While Port's article notes that NYPIRG has been pushing for legislation that would put all New York public records on the Internet, recent advances have been less comprehensive - but still important. Project Sunlight, it seems, would concentrate on documenting money networks, which is one of the areas in which openness is most critically needed. Meanwhile, one of Gov. Spitzer's first executive orders mandated that state agencies and public authorities 'broadcast' all their meetings on the internet - though as Brian Lehrer pointed out, 'broadcasting' meetings doesn't do much good unless you archive the recordings too.
At any rate, it's clear that there's a trend towards greater openness in New York's government - and there's no doubt that the trend has its origins in New Yorkers' growing demand for reform and accountability in Albany. Still, the state's Freedom of Information Law itself is flawed - and often hamstrung by the anti-democratic culture of so many public officials. Again, compare and contrast with the way things work in Florida: In New York, a request to see a public record must be made in writing. In Florida, a verbal request is legally adequate. In New York, an agency gets five days to acknowledge a FOIL request plus an extra 20 days to say yes, no or maybe. In Florida, records must be available "at all times." A Florida judge once opined that a reasonable time was as long as it takes a clerk to walk to a file cabinet and open a drawer.
In New York, a minefield of legal complexity awaits the eager citizen exercising his or her right to know. In Florida, access to records is a civil right enshrined in the state constitution. In New York, anyone suing for public records will find it practically impossible to recover legal fees. In Florida, anyone who wins such a suit automatically wins legal fees. And the list goes on and on. New York's FOIL only applies completely to the executive branch, while legislators a granted a number of loopholes. New Yorkers are not allowed access to criminal court computer records - even though the records are identical to those kept on paper for public access at the courthouse. New York, unlike Florida, forbids the public from viewing the personal financial disclosures made by public officials.
If you haven't already, I strongly recommend you read the entirety of Port's article. And there are more resources for citizens seeking to open their government. The Times-Union put together a fantastic little chart (pdf) illustrating how to make a federal FOIA request. And the New York Department of State provides further resources on getting information from the state government.
Spring's in the air. It's time for New York to get a little bit sunnier.
(Cross-posted at The Daily Gotham.) |
