Advocacy Groups Urge Gov. Hochul to Reform New York’s Freedom of Information Law
Fifteen advocacy groups have urged Governor Kathy Hochul to include measures in her upcoming 2026 budget to fix New York’s Freedom of Information Law (FOIL). The groups are calling for legislative changes to fund local governments handling incoming FOIL requests and to address delays, loopholes, and transparency within the system.
Legal Loopholes and Delays
The watchdog groups pointed out that legal loopholes can hide certain public records indefinitely, and that penalties for non-compliance aren’t severe enough to deter agencies from stalling. Even if agencies are not stalling, state and local agencies with limited staff and resources get overwhelmed with FOIL requests, causing delays.
Proposed Reforms
The coalition, including Reinvent Albany, Common Cause New York, and the New York Civil Liberties Union, proposed a new state-funded grant to help local governments pay for new staff and technology to manage requests. They also want Hochul to back four FOIL bills in her budget proposals in early 2025:
- S8671A/A9621A: Agencies would report annual FOIL logs to the Committee on Open Government, detailing request timelines, outcomes, and fees collected.
- S5801A/A5357A: Agencies would pay attorney fees for all successful lawsuits against FOIL denials and Open Meetings Law violations.
- S8128/A8586: To incentivize faster responses to FOILs, requests would be automatically denied and appealable if agencies don’t respond within five days or complete them within 60.
- S3257/A9975: Businesses applying to exempt records from FOIL disclosure would need to reapply every three years, ending indefinite exemptions.
Senator’s Perspective
"New York’s Freedom of Information Laws are essential to maintaining the transparency and accountability of our government, but the existing laws are critically flawed and need to be updated to ensure the public and the media have access to what would otherwise be privileged information," said Democratic State Sen. John Liu, who sponsored the amendment about attorney fees. "Passing FOIL reforms will protect the public’s right to know and improve the media’s ability to hold our government accountable."
Current State of FOIL
When working properly, the process is supposed to give New Yorkers access to public records about, for example, spending and decision-making. However, running inefficiently, the process undermines its purpose, costs more money, and damages public trust. A March 2024 analysis from the New York Coalition for Open Government found that, in 2022:
- 72% of towns didn’t post meeting documents online
- Averaged 49 days to receive meeting minutes
- 39% of counties ignored FOIL requests for over five days
- 35% of villages did post meeting agendas
- 25% of towns posted neither meeting minutes nor recordings
- 28% of counties ignored FOIL requests forever
- Averaged 25 days to receive a copy of a policy
Letter to Governor
The coalition published a letter asking Hochul to prioritize FOIL reform. Noting that Hochul signed only one FOIL-related bill in 2024, they criticized the lack of progress on transparency since 2020.
Conclusion
The groups argue that New York’s Freedom of Information Law is essential to maintaining transparency and accountability in government, but the existing laws are critically flawed and need to be updated. By implementing the proposed reforms, the state can ensure the public and media have access to the information they need to hold government accountable.
FAQs
Q: What is the purpose of FOIL?
A: FOIL is the Freedom of Information Law that allows the public to access government records and information.
Q: What are the current problems with FOIL?
A: Legal loopholes can hide certain public records indefinitely, and penalties for non-compliance aren’t severe enough to deter agencies from stalling. Even if agencies are not stalling, state and local agencies with limited staff and resources get overwhelmed with FOIL requests, causing delays.
Q: What are the proposed reforms?
A: The coalition is calling for legislative changes to fund local governments handling incoming FOIL requests and to address delays, loopholes, and transparency within the system. They also want Hochul to back four FOIL bills in her budget proposals in early 2025.
