News from New York State Department of State

For more information contact: Eamon Moynihan, 212-417-5803

The New York State Committee on Open Government Issues 2007 Annual Report;

Data Show Web Hits Rise 40 Percent to 2.5 Million, Unique Visitors up 45 Percent

ALBANY, NY (02/06/2008; 1626)(readMedia)-- Makes Recommendations to Strengthen Open Government Laws

The Committee on Open Government posted on the Internet today its 2007 Annual Report to the Governor and State Legislature, highlighting a surge in the number of website visits last year, among other signs of increased interest in matters that come under the Committee’s jurisdiction. These include the Open Meetings Law, the Freedom of Information Law (FOIL), and the Personal Privacy Protection Law.

“I am very pleased to report that attention to the issues and concerns we focus on at the Committee on Open Government increased significantly in 2007,” Robert Freeman, Executive Director of the Committee, said. “We saw a record number of hits to the website and a major increase in unique visitors to the site. Because of an increase in requests, we also made a record number of presentations to government organizations, news media, academic groups, and the general public.”

According to the report, there were almost 2.5 million hits to the website during the course of the year with nearly 60 percent coming during off-business hours, indicating greater public, non-professional interest. The number of unique visitors to the site increased by approximately 45 percent to nearly 146,000. With its staff of four, the Committee fielded 6,665 telephone inquiries, issued 800 written advisory opinions and made 127 presentations.

In its Report, the Committee also issued numerous recommendations on ways to strengthen laws aimed at increasing public access to government information and proceedings.

To strengthen the Open Meetings Law:

Authorize Courts to Invalidate Action When Substantial Deliberations Occurred in Secret in Violation of the Open Meetings Law. Under current law, if deliberations occur secretly but a subsequent decision is made publicly, there is little that the courts can do to deter such action. This amendment would give courts the teeth to force governments to revisit decisions and explain their reasoning publicly.

Require Award of Attorney’s Fees When Substantial Deliberations or Votes Occurred in Secret. While there are penalties for violating the Open Meetings Law, sanctions are rarely imposed. The Committee believes that awarding attorney fees in a case in which the court finds that substantial deliberations were conducted or action taken secretly would encourage government bodies and their attorneys to become more knowledgeable about the law and treat it more seriously.

Require that Notices be Posted Online. Because the Internet is used widely as a vehicle for disseminating and accessing information, the Committee recommends that the Open Meetings Law be amended to require that notice of meetings be placed on agency websites whenever possible.

To enhance public access to records:

Require that Certain Records be Posted Online. Beginning in 2006, New York became the first state in America to require government agencies to accept requests and transmit records requested under its FOIL via e-mail when possible. The policy was implemented after the Committee learned in 2005 that the government of Mexico was receiving and answering 90 percent of its requests via e-mail. In order to further leverage the Internet, the Committee supports an amendment to FOIL requiring agencies to post records on their websites pro-actively, when those records are clearly public and frequently requested, provided the agencies can do so without undue burden or cost.

Expedite Appeals in FOIL Litigation. If a denial of a request for records is overturned by a court, a government agency can currently file a notice of appeal and take up to nine months to perfect that appeal. This permits significant delay in reaching a final decision. To speed up the appeals process, the Committee recommends that the law be amended to limit the period to file the appeal to 30 days. The amended law would also require the court to give the appeal precedence.

Design Electronic Information Systems to Maximize Access and Protect Privacy. As more information is stored and collected electronically, it becomes easier to disseminate that information. At the same time, concerns about privacy grow. With these thoughts in mind, the Committee encourages legislation that would encourage government agencies to design information systems in ways that maximize open access, while also making it possible to segregate information that should remain private.

Along with its recommendations, the Annual Report also cites survey data on FOIL response times at state agencies and authorities. For a reporting period from November 1, 2006 through March 31, 2007, 84 of 94 state agencies and authorities responded. According to those responses, 33 percent of FOIL requests were answered within five business days, and 50 percent more responded within 20 additional business days. A second survey was conducted for the period from April 1, 2007 to October 31, 2007 and the percentage of responses within 5 business days rose to 39 percent. This survey received a lower number of responses, making it difficult to establish a clear comparison.

The Annual Report also listed all of the presentations made during the course of 2007. Among them included a seminar for Shenzhen, China officials in Albany under the sponsorship of the Maxwell School, Syracuse University, and a group of African Journalists at a seminar in New York City.

Finally, the Annual Report noted that indexes of the Committee’s opinions are available on the Internet at www.dos@state.ny.us/coog/coogwww.html. The index to opinions rendered under FOIL identifies more than 16,000 written opinions by means of approximately 450 key phrases. The index to advisory opinions rendered under the Open Meetings law refers to more than 4,000 opinions identified by approximately 200 key phrases. Thousands of the opinions are available in full text online.

Copies of the report are also available by contacting the Committee at 518-474-2518.

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