Adding Teeth

Kudos to State Assemblyman Fred W. Thiele Jr. for taking on a long-overdue weakness in New York State’s laws requiring open government — a fight that benefits not just journalists but every single New Yorker, and not just those in Assembly District 1.

In a nutshell, the state has two laws ensuring that the public can closely observe the wheels of government as they turn. One is the Freedom of Information Law, which makes every government document public by default, and then excludes only those that meet very specific criteria, with a detailed process for allowing any resident to seek access. The second is the Open Meetings Law, or Sunshine Law, which assures that every citizen has a right to see every step of the decision-making process, not just a final vote, except for, again, situations that meet very specific criteria.

The problem: There are no penalties for government officials who violate the laws. In theory, a court can order penalties in egregious circumstances. But in practice the laws are so without teeth that officials regularly flout them, knowing that a costly legal fight is unlikely to come.

Mr. Thiele’s proposed amendments would add fines for individuals who do not reasonably follow the laws. That’s key: It’s out of pocket, not an expense to be covered by the government body.

Why does it matter? Because, as it stands, it’s much less risky for an official to deny access, or participate in an illegal meeting. If Mr. Thiele’s amendments are approved, it suddenly empowers officials to “do the right thing” with a clear conscience — and their own pocketbook in mind. It adds teeth to two laws that desperately need them.

Will Governor Andrew Cuomo, in the midst of a scandal involving information about nursing home deaths related to COVID-19 that was intentionally withheld from the public, be open to signing legislation designed to punish officials for being less than open? Perhaps it will be a chance to counter the current narrative, and turn all the regular praise about “open government” into something tangible. Something with teeth.