Relates to proceedings to review adverse determinations relating to access to records

Title of bill

An act to amend the public officers law, in relation to proceedings to review adverse determinations relating to access to records

Purpose

To require that a proceeding to stop disclosure of a record be given preference by the courts and heard in an expedited manner.

Summary of provisions

Section one amends subdivision five of section eighty-nine of the public officers law to provide that a proceeding commenced to review an adverse determination pursuant to paragraph (c) of section eighty-nine shall be given preference and shall be brought on for argument on such terms and conditions as the presiding justice may direct, not to exceed forty-five days. Appeal to the appellate division of the supreme court must be made in accordance with law, and must be filed within fifteen days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry. An appeal taken from an order of the court requiring disclosure shall be given preference and shall be brought on for argument on such terms and conditions as the presiding justice may direct, not to exceed sixty days. This action shall be deemed abandoned when the party requesting an exclusion from disclosure fails to serve and file a record and brief within thirty days after the date of the notice of appeal. Failure by the party requesting an exclusion from disclosure to serve and file a record and brief within the allotted time shall result in the dismissal of the appeal.

Section two provides the effective date.

Justification

Subdivision five of section eighty-nine of the Freedom of Information Law relates to disclosures that would cause substantial injury to the competitive position of a commercial enterprise. This is the only grounds upon which a person or entity may initiate a judicial proceeding to prevent the government from disclosing records to the public. The government will then be required to expend time and money to defend its position that the record should be disclosed, a cost which is passed along to taxpayers.

Unlike proceedings initiated by individuals who have been denied access to requested records, this is a situation in which a person or entity is seeking to block records from being released when the agency believes the records must be disclosed. Often, commercial enterprises initiate these proceedings to cause delays and prevent the release of records that could affect a business deal or other action. Ensuring that these proceedings are brought on for argument in an expedited manner will prevent the use of these challenges as a delay tactic.

Prior legislative history

2015: A.327 - Referred to Governmental Operations. 2014: A.2057 - Referred to Government Operations.

Fiscal implications

None.

Effective date

This act shall take effect immediately.