Hochul Vetoes Public Records Bill, Leaving ‘New Era of Transparency’ Still Pending

Four years later, Hochul has pursued some transparency initiatives, — but still hasn’t come through on her promise to expedite New York’s notoriously slow FOIL system. This year, the state legislature tried to pick up the slack, passing a bill that would tighten the deadlines that agencies must meet in responding to FOIL requests — but this month, Hochul vetoed it.

As it stands, FOIL deadlines are mostly for show: Agencies must respond to requests within five business days, but can unilaterally extend the deadline to furnish records indefinitely. The bill, sponsored by Senator James Skoufis of Orange County, would have phased in a deadline for fulfilling most FOIL requests: By 2028, agencies would have had 60 days to hand over requested records. In a message accompanying her veto, Hochul said that the bill “establishes arbitrary deadlines … regardless of the complexity or length of any given request.” In reality, it allowed for exceptions for large requests, but would have compelled agencies to justify delays to the state Committee on Open Government, which advises the government and public on how to follow state public records laws.

The governor also pointed out that the bill didn’t allocate additional funds for agencies’ FOIL offices. Watchdogs and employees in those offices have long complained about understaffing, but the issue can only be addressed through the governor-led state budget process.

The governor’s office did not respond to a request for comment before publication.

New York’s FOIL system is one of the slowest in the country: The public records requesting service MuckRock ranks New York 47 among the 50 states in terms of response times, with requests through its website taking New York agencies an average of 147 days to fulfill.

Recent reports from the watchdog organization Reinvent Albany show that response times vary widely by agency. The state Board of Elections, for example, took an average of four days to fulfill requests last year, while the New York City Mayor’s Office took an average of 283 days. New York City agencies are particularly slow: The Department of Correction, which runs the notorious Rikers Island jail complex, among other facilities, took an average of 485 days to fulfill requests filed via the city’s online portal last year.

New York Focus reporters can attest that many agencies treat the law as optional, delaying even simple requests by months or years, rendering them effectively inaccessible without a lawsuit. We asked the staff about some of their most frustrating FOIL experiences.

Agency: New York Power Authority
Days Open: 185
Requested Records: Contracts

As New York Focus’s climate reporter, Colin Kinniburgh investigates the complex web of agencies and authorities tasked with regulating the state’s power grid and planning the transition to renewable energy. A program launched in 2022 was meant to showcase how the state could use its massive buying power to spur the development of new, all-electric heating technology. As implementation has stalled, though, the state agency in charge has been less than eager to release the underlying contracts with the two companies it picked to pioneer the new tech.

Contracts should be one of the simplest FOIL requests agencies can fulfill: They’re relatively short documents filled with mostly boilerplate language. Yet Kinniburgh’s April request to the New York Power Authority for contracts with heat pump companies remains unfulfilled after six months.

Agency: New York City Administration for Children’s Services
Days Open: 230
Requested Records: Emails

With some exceptions, government officials’ emails and other electronic communications are public records. This spring, reporter Julia Rock requested correspondence between Hochul’s office and the New York City Administration for Children’s Services related to the state’s Child Care Assistance Program. At the time, the program faced a significant funding shortfall that would force the city to remove thousands of families each month. Over seven months later, the request is still pending.

Agency: New York State Department of Financial Services
Days Open: 635
Requested Records: Staff resumes

There’s a well-known revolving door between banks and the federal regulators that oversee them. In January 2024, editor-in-chief Akash Mehta wanted to examine whether a similar dynamic plays out in New York. He requested the resumes of personnel employed by the state Department of Financial Services in the previous three years. (He had previously submitted a broader request; it took the department four months to ask him to narrow it.)

The department told him he could expect a response by late February. When the deadline rolled around, it was still working on the request and needed another month. The next month, it said the same. The department has now extended its deadline to respond to the request 22 times and counting.

Agency: Yonkers Industrial Development Agency
Days Open: 536
Requested Records: Emails

In April, New York Focus reporter Chris Bragg wrote about the close relationship between Yonkers Mayor Mike Spano’s administration and a lobbying firm owned by the mayor’s brother, Nick Spano.

Much of the story remains untold. A nearly year-and-a-half-old FOIL request from Bragg seeking emails between officials in the Yonkers Industrial Development Agency — which has approved tax benefits for Nick Spano clients — and Nick Spano’s lobbying firm or clients remains unfulfilled.

An outside counsel for the Yonkers IDA said that the request generated “18,000 records, equating to approximately 40,000 pages” and asked New York Focus to narrow its parameters. Yet the outside counsel, the law firm Harris Beach Murtha, has declined to provide any information about which search terms generated so many records. The IDA has also ignored New York Focus’s request that it provide copies of already-reviewed records on a rolling basis.

The FOIL response is itself an example of the blurry lines between the brothers’ work: In past state lobbying disclosure filings, a different attorney at Harris Beach Murtha was repeatedly listed as the contact person for Nick Spano’s lobbying firm.

Agency: New York City Office of the Mayor
Days Open: 1,092
Requested Records: Emails

In October 2022, senior reporter Sam Mellins requested messages between the offices of New York City Mayor Eric Adams and City Councilmember Julie Won, hoping to learn about negotiations over the controversial InnovationQNS housing development planned for Won’s district. He received only copy-and-paste extension letters. In 2023, Mellins appealed the delay, but the mayor’s office offered no response — which is against the law — and continued sending extension letters. Three years and 17 extensions after its filing, the request remains outstanding.