Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) has joined Assemblyman James Skoufis (D-Chester) in prime sponsoring the “Integrity in Government Act.” The proposal would ensure greater adherence to the Freedom of Information Law (FOIL) and Open Meetings Law (OML) by creating enforcement powers in New York's Committee on Open Government (COOG).

Under the legislation, The Committee on Open Government would be vested with powers to enforce FOIL and OML. The Committee would have the authority to resolve complaints through mediation. If mediation fails, the Committee would have the authority to compel the release of records that are being unlawfully withheld. The Committee would also be empowered to nullify actions taken at illegal meetings and penalize public officials who violate FOIL or OML with fines ranging from $20 to $1,000. Those who file frivolous appeals would also be subject to such penalties.

Under current law, The Committee only possesses advisory authority. The only remedy to compel compliance is a costly Article 78 proceeding. The legislation is modeled after current law in the State of Connecticut.

Thiele stated, “The large majority of public officials in state and local governments work hard to abide by open government laws. In those instances where FOIL or OML is violated, however, current statute does not provide for an administrative remedy to compel compliance. Citizens should not have to initiate a costly Article 78 proceeding to obtain a document or to insure that government is transparent. New York's Committee on Open Government presently oversees the implementation of FOIL and OML but its actions are only advisory in nature. This bill will ensure greater adherence to FOIL and OML by providing enforcement powers to the Committee.”