NY Town Scraps Restrictive FOIA Policy
by Guest Blogger, 4/4/2005
On March 28, open government advocates in Spring Valley, NY, a village just north of New York City, won the day when town officials agreed to scrap a five-year old policy that restricted access to Freedom of Information (FOI) requests. While state law requires public access to FOI requests during regular business hours, Spring Valley's policy only permitted access from 10 a.m. to noon on Tuesdays and from 1 to 3 p.m. on Thursdays.
Joseph Jacaruso, who implemented the policy five years ago, asserts the policy was designed to help manage processing FOI requests, not to restrict access to government information. However, according to Robert Freeman, executive director of New York's Committee on Open Government, "the Spring Valley policy was a failure to comply with the Freedom of Information Law." The Committee on Open Government, an organization in New York's Department of State, was created under the state's FOI law to oversee and advise state agencies with regard to the Freedom of Information, Open Meetings and Personal Privacy Protection Laws.
New York's state FOI law, passed in 1974, received a positive review from a recent audit by more than 50 New York reporters. For an event connected to Sunshine Week, the reporters submitted FOI requests to local government agencies throughout the state, and received requested information from 90 percent of the agencies.
The New York state legislature is also considering legislation to strengthen its FOI law. The proposed bill would require state and local government agencies to reply to FOI requests within 25 days. Delayed responses and massive backlogs are common. Freeman believes the bill will pass because it has Republican support in the Senate and Democratic support in the Assembly.