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New York Ranks Near Last In Compliance With FOIL Requests; Bill Would Have Imposed Specific Maximum Times For Compliance
Governor Kathy Hochul vetoed a bill last month that would have fulfilled promises she made early in her administration that government should be more transparent and responsive in handling Freedom of Information Requests from the public and the media.
New York’s Freedom of Information Law (FOIL) grants the public the right to access government records, unless they are protected by an exemption. It allows individuals to request a wide range of information from state and local agencies by making written requests for documents in the agency’s possession. The law requires agencies to acknowledge requests within five days of receipt, and then allows the agency multiple extensions of time to comply, with compliance extended for many months and sometimes years, often requiring individuals and the media to turn to courts for compliance. The costly process often deters requesters from ever receiving documents agencies are required by law to produce.
The bill, sponsored by State Senator James Skoufis, would have required government agencies to respond to records requests within five business days, and mandated specific written reasons if a delay beyond twenty business days was needed. The bill also would have prohibited denials based solely on volume or staffing limitations and would have permitted agencies to hire outside help and recoup costs under existing law.
Skoufis’ bill would have also mandated written justification and monthly updates to the records requestor and the New York State Committee on Open Government when an agency seeks to extend compliance dates, as well as fines on agencies that miss deadlines without cause.
The bill would have also established maximum deadlines for FOIL fulfillment: 180 days for requests made before 12/31/2026; 90 days for requests in 2027; and 60 days for requests beginning in 2028, with only limited exceptions.
“For too long, New York State government transparency has depended not on the law, but on patience. Every year, thousands of New Yorkers submit record requests to the government, only to wait months—sometimes years—for a response, if they hear back at all. This process undermines trust in the institutions that were built to assist our community,” said Skoufis in a statement after Hochul’s veto.
Justification for the bill read: “New York’s Freedom of Information Law is a vital tool for New Yorkers to gain access to information that isn’t readily available to the public. Unfortunately, many agencies have effectively decided to refrain from complying with the law by endlessly extending their time to respond to requests, thus making the tool ineffective. This bill will require agencies to acknowledge FOIL requests and produce an approximate date within a reasonable time frame to approve or deny the request. This bill will ensure New Yorkers have access to a transparent and responsive government regarding FOIL requests.”
Hochul, in a message accompanying her veto said the bill “as drafted was unworkable.” She said the bill “establishes arbitrary deadlines … regardless of the complexity or length of any given request.” But, the bill in fact allowed for exceptions for large requests, with delays having to be justified to the state Committee on Open Government.
Hochul also complained that the bill didn’t allocate additional funds for compliance.
According to MuckRock, a non-profit news organization and online platform that helps the public file, track, and share government information requests, New York’s FOIL system is one of the slowest in the country: New York ranks 47th among the 50 states in response times, with compliance from state agencies averaging 147 days.
Local agencies often take longer to comply, if at all. Rockland County Business Journal recently filed a lawsuit against Rockland Green after waiting more than eight months for documents related to the selection of an out-of-state contractor to construct an $18 million animal shelter in West Haverstraw. The contractor had never built an animal shelter and was not the low bidder. Last month, a court ordered Rockland Green to produce unredacted documents to the court for review.
New York Focus, an independent nonprofit newsroom, says its “reporters can attest that many agencies treat the law as optional, delaying even simple requests by months or years, rendering them effectively inaccessible without a lawsuit.”
According to Reinvent Albany, an advocate for transparent and accountable New York government: “New York’s Freedom of Information Law (FOIL) process is plagued by endless delays, deliberate agency foolery, and unlawfulness that have combined to severely undermine the transparency of our state and local governments and deprive New Yorkers of our right to know what our government is doing in our name.”
Senator Skoufis said, “The Freedom of Information Law (FOIL), enacted in 1978, was built on a simple promise: that government records belong to the public. Government agencies are not doing the public a favor by providing access to records to which the law entitles them, and when those agencies endlessly extend their time to respond to requests, they are effectively refusing to comply with New York State law.”
The vetoed bill would have “turned accountability into reality,” added Skoufis. “The ability to review documents allows the press and public to hold government agencies accountable, and is essential to a functioning democracy. New York’s FOIL is an obligation, not a choice.”
