Governor Kathy Hochul Unveils New FOIL Strategy: Delay, Delay, Delay
An update on my quest to get information from Governor Hochul about why she vetoed Blooming Grove's preservation bill despite bipartisan support.
We’ve covered New York State’s Freedom of Information Law (FOIL) pretty extensively here at The Monroe Gazette.
That coverage includes how to make your own FOIL request (and providing a template that you can use.)
And of course, what to do when your FOIL request gets ignored or intentionally delayed.
So, here’s a fun question: What do you do when the Governor of New York State is intentionally delaying the release of records you’ve requested?
Considering recent reports that New York State is becoming less transparent under Governor Hochul, I thought I’d share an example of my own to back that up.
This is a brief post to quickly explain the situation. What I’ve requested. Why I’ve requested it. What the Governor’s response has been, and what our options are to get those records.
What Was Requested:
According to the NYS FOIL Law, when you request documents, the organization you’ve made the request to has five days to respond.
Within those five days, they have three options:
1. They can send you the records you asked for.
2. They can deny sending you the records.
3. They can ask for more time.
Typically, 20 days is the maximum amount of time it should take (according to the law) to provide those records.
Although depending on who you’re asking, and how extensive those records are, the organization is supposed to provide you with a timeline for when they expect the request to be completed.
On April 25th, I requested the following records from Governor Kathy Hochul:
I am requesting all emails, text messages, and other electronic communications sent on personal and professional devices between Governor Kathy Hochul and former LT Governor Brian Benjamin concerning legislation A5761 that was before the governor to sign.
This is an extensive request if it’s processed properly. Because what I’m asking for are electronic communications sent on the Governor’s work devices and her personal devices.
You CAN request records created on personal devices if those devices are being used for government business.
I received a request that same day that said I should receive an update about a month later.
Sure enough, here’s the response I got on May 23rd:
Please be advised that we require additional time to complete our response to your FOIL request dated April 25, 2024. We will provide you with a status update on or before June 24, 2024, if we have not completed our response by then.
Thank you for your courtesy in this matter.
New York State Executive Chamber Records Access Office
Today is June 6th. 42 days later and 22 Days longer than the maximum amount of time recommended by the FOIL law.
Neither response from the Governor’s office indicates whether such records exist, nor do they tell me when they will be provided. I’m just told I will receive a status update a month (from the time I received the email) from now.
Why Did I Request This?
Bill 2021-A5761 would have allowed the Town of Blooming Grove to create a community preservation fund via a real estate transfer tax. The Governor vetoed it not long after the meeting between former Lieutenant Governor Brian Benjamin, Mr. Joel Stern and Isaac Ekstein of United Jewish Community of Blooming Grove (a hate group), and Agudath Israel of America.
I want to know what Mr. Benjamin said to Mrs. Hochul about the meeting, and what else he may have said to get her to veto a bill that had bipartisan support in the Senate and Assembly, as well as popular support among the municipalities and locals of Southern Orange County.
Because what happened here was that a wealthy group of individuals — who just so happen to be Satmar — were able to meet with the Lieutenant Governor and kill this bill.
That’s not something you or I could do.
So, this isn’t an issue of religion.
This is an issue of the government only working for the wealthy and the well connected instead of working equally for everyone.
As I’ve said many times before: It does not matter to me who you pray to. It does not matter to me who you vote for. All are welcome.
And I think we should all work together to make sure the government works the way we’re all taught it works: That everyone is treated equally, fairly, and with respect.
That’s not what happened here with this bill.
So, What Are You Going To Do About It?
First, I’m going to wait until June 24th. I always give everyone the benefit of the doubt. If they say they will have an update on the 24th, I take them at their word.
I did make a big request. So, I understood implicitly that this would take longer than 20 days.
But now we’re approaching 60 days.
If another delay is issued, or if there’s a denial to provide the data, that’s when I think I’ll have a case of verifiable obstruction.
Is it possible that Mr. Benjamin and Mrs. Hochul did not discuss, at all, this bill between his meeting with the UJC and her veto?
Sure.
But the whole point of meeting with the lieutenant governor was explicitly to get him to advocate that the governor veto the bill.
So, it’d be — I think — fair to question a response from the FOIL department that says no such records exist.
Which is very well something they could tell me on June 24th.
I’ve been working on a plan to document, with precise detail, the steps that anyone can take to file an Article 78.
Originally I thought I’d do it with Monroe, but there may be other ways to beat the Town Supervisor and his flunkies with their own stupidity.
But the Governor of New York State?
Yeah. I’m all about filing an Article 78 against her.
Because like the cartoon at the top of this post demonstrates, Governor Hochul is deeply unpopular with everyone. That’s something Democrats and Republicans can agree on.
And part of the reason for that unpopularity is exactly because of shit like this.