The Committee on Open Government (COOG) is the official New York State entity responsible for overseeing and providing guidance on the Freedom of Information Law (FOIL) and the Open Meetings Law (OML).
While the Committee can issue advisory opinions, it lacks enforcement powers- a significant gap that invites non-compliance by public officials.
In its 2024 report, COOG states:
“The current statutory construct for appeal and enforcement imposes an expensive and time-consuming burden on citizens seeking redress for violations of the open government statutes. One of the most frequently received complaints the Committee hears concerns the absence of an enforcement mechanism for these laws that is accessible to the average citizen.”
Currently, if public officials ignore government transparency laws, the only recourse for the average citizen is to file a costly and time-consuming Article 78 lawsuit.
At the New York Coalition for Open Government, we are advocating for a hearing officer bill that would allow citizens to challenge FOIL denials for a modest fee, making the process more accessible and less burdensome.
You can read the 2024 Committee on Open Government annual report by clicking the button below.