Sign up for our email list
As a local newspaper editor, I regularly submit FOIL requests to the village. A number of these have resulted in “scoops” that were sometimes embarrassing or at least inconvenient for the Village Board of Trustees.
Until recently, the records access officer was our village clerk, and the appeals officer was our village manager. Recently, the Board of Trustees voted to make itself the appeals body, citing the rationale that the village manager could now assist the village clerk in making decisions about what to release. Admittedly, like in most government bodies, not enough staff are assigned to handle FOIL requests, which can be burdensome for our clerk—a nice person who is already stretched thin.
In reviewing the law, I see nothing that explicitly prohibits this change. However, the village manager—who works closely with the Board and reports directly to the mayor—already had significant conflicts of interest in deciding which documents to withhold. This new arrangement seems likely to increase the number of redactions and outright denials, which has been an ongoing issue over the past year. (Not surprisingly, none of my appeals have been upheld.)
It is legal for the Village Board to name itself as the FOIL appeals board. While it is rare for this to be done, it is allowed under the law.
See the opinion linked below:
https://docs.dos.ny.gov/coog/ftext/2013/18937.html
This change will make your FOIL requests even more interesting. The Village Board may not realize it yet, but this decision means the Board will have to address FOIL appeals in a public meeting, which must occur within ten days of an appeal being filed.
It will be fascinating to hear what arguments they present in a public forum for denying a FOIL request. Hopefully, at least one Board member will speak up in favor of transparency, which could lead to some compelling debates.
I love the idea of putting elected officials on the record regarding whether they support granting or denying a FOIL request, rather than just receiving a letter from the village attorney.