Monday, March 21, 2011

Lancman Tries to FOIL NY Secrecy

In the aftermath of the state Legislature applauding itself for strides in transparency during Sunshine Week, a meaningful change to the state's FOIL procedures from Democratic Assemblyman Rory Lancman languishes in the committee process.
Lancman's proposal (AB 5161) is aimed at rectifying the current appeals process for instances of denied access to public records. His bill argues that the current appeals method dissuades people from submitting legitimate claims, which is why he wants to allow the state's attorney general to review the appeals.
If enacted, citizens could appeal a denied request within 30 days to the AG's office, which would have 20 days to determine whether the appeal is worthwhile. If the appealed is deemed without merit, then the citizen can avail himself of his right to a day in court.
This proposal was previously introduced by Assemblyman Dick Brodsky, but it never advanced.

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