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Letter from Paul Wolf, Esq.

FOIL System Is Broken

The New York Coalition for Open Government is speaking out against a proposal by Assemblymember Chris Burdick that would impose criminal and civil penalties on individuals who submit so-called “bad faith” or “malicious” FOIL requests.

New York’s transparency crisis isn’t caused by ordinary people filing requests for information. It’s caused by government agencies that ignore, delay or deny FOIL requests without consequence. Penalizing requestors targets the wrong side of the equation.

Instead of punishing citizens, we urge lawmakers to:

  1. Increase funding for the Committee on Open Government.
  2. Provide technical support to local governments.
  3. Impose real penalties on officials who violate transparency laws.
  4. Strengthen—not restrict—public access to information.

New Yorkers shouldn’t have to hire a lawyer to get information that already belongs to them.

Despite a $254 billion state budget, the Committee on Open Government has just four employees—compared to:

  • Inspector General’s Office: 92
  • Joint Commission on Public Ethics: 50
  • Authorities Budget Office: 11

This chronic underfunding sends a clear message: Transparency is not a priority in New York. That must change.

The New York Coalition for Open Government, www.nyopengov.org, is a nonpartisan, nonprofit watchdog group working to strengthen transparency and accountability at every level of government.

Paul Wolf, Esq.
President Emeritus, New York Coalition for Open Government

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