The continuing assault on the public’s right to know

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On paper, New York State’s Freedom of Information Law is OK. Not great, but OK. 

In practice, however, state and local government officials often flout its requirements, using them not to produce records, but delay their release. 

The response of the state Legislature and Gov. Kathy Hochul hasn’t been to toughen the law to penalize bad faith conduct, but to add a requirement that public employees be notified when their disciplinary records are requested under FOI.

Good government groups vigorously opposed the change, saying it places further burdens on a system already functioning poorly and could discourage members of the public and press from filing requests. Of particular concern is the impact it could have on requests for the disciplinary records of police officers, which became subject to the FOI Law in 2020.

This statement from Reinvent Albany details the concerns.

New York’s recent action is part of a national trend to weaken disclosure laws. In May, we reported on the ridiculous lengths and expense a state agency went to delay release of public records involving the Tesla plant in South Buffalo  The Buffalo News reported on its FOI trials and tribulations a couple of weeks ago.

FYI, the New York Coalition for Open Government is fighting the good fight.

Steve Watson of The Buffalo News detailed the undemocratic way party bosses and their minions cross-endorse state judicial candidates in an effort to deny voters a say. Great reporting.

The New York Times summarized the findings of three studies that looked at 29,400 federal, state and local races for elected offices across the country in 2022. Half of them had only one candidate. We’re not immune here in WNY. A recent analysis by Ken Kruly of Politics and Other Stuff found only 66 of 146 elected offices on the ballot in Erie County were contested last November. In seven towns, not a single elected office was contested. 

Kruly detailed who is spending what to lobby Albany lawmakers. The accompanying list of clients and their lobbyists is quite interesting. 

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Looking for a good book to read? Consider these recommendations from The Baillie Gifford Prize and New York Times. As for me, I’m presently reading The Freaks Came Out To Write, a history of the Village Voice. I’m a sucker for books on journalism, baseball, revolutionaries and the Civil War.

A new study has found that more Americans are smoking pot – but not teen-agers. The biggest increases are among college grads and those making over $75,000. So much for white punks on dope.

Given the theme this week of anti-democratic behavior, I’ll close with this from Bruce Cockburn.

Jim Heaney