Government transparency advocates say a state Coalition For Open Government report released Thursday shows a proposed change to the open meetings law in the state budget is a step in the right direction.

Gov. Kathy Hochul proposed changing the law in her executive budget proposal to allow people with disabilities and commissions focused on disability issues to meet remotely and make it easier for them to serve and participate.

The Senate's one-house proposal specifies which public bodies could host fully virtual open meetings and allows people with disabilities participating remotely to be counted toward a quorum.

"If it is harder for people with disabilities to participate in public meetings, to serve on commissions, that really means that those bodies aren't going to be as representative as they should be," said Rachael Fauss, senior policy advisor with Reinvent Albany. "Making it easier for people to participate to be members of boards and commissions actually may help increase the diversity of these bodies."

Several disability advocacy organizations support the plan.

The Assembly omitted the change in its budget released last month. Michael Whyland, spokesman for Assembly Speaker Carl Heastie, says the conference is against legislating significant policies in the state budget, which deadlined April 1. Ongoing discussions about policy changes have forced leaders into a stalemate — with the 2023-24 budget now three weeks late.

Government transparency advocates say New York has a crisis when it comes to open governing, citing the coalition's new report, which concludes most New York local governments abuse or ignore parts of the state's open meetings law, which requires public business to be performed in the open.

Last year, the Coalition For Open Government found 72% of towns were not posting meeting documents online with 25% not posting required meeting minutes or recordings.

About 39% of counties failed to acknowledge a Freedom of Information Law request within five business days as required by law while 28% of counties never acknowledged receiving the requests at all.

Additionally, 65% of county boards of election did not respond to emails or telephone calls seeking information. 

It took an average of 49 days just to receive meeting minutes, according to the report.

No agency or system exists to ensure the open meetings law is properly followed in the state. Such oversight is outside the jurisdiction of the state attorney and inspector generals, and rests with a local district attorney.

"We need reform now," coalition president and attorney Paul Wolf said. "Unfortunately, there is no entity that monitors compliance with our open government laws other than our organization."

The coalition is fighting for reforms to improve government transparency at the state and local levels.

They want to require officials to be regularly trained about the open meetings law, a constitutional amendment ensuring New Yorkers have the right to an open government and to establish a hearing officer to receive and investigate complaints of violations.

Wolf said the state should prepare an annual report of its freedom of information law (FOIL) requests as is done at the federal level, including response time and reasons for any denials.

"They have the proof, they have the statistics, the state agencies and local governments, but they're not compiling it," he added. "They're not tracking it, so we don't have that information."

Sen. John Liu introduced new legislation last month to have the state reimburse legal fees if someone wins a lawsuit over an open government violation, including FOIL requests.

"Technology is making the provision of information to the public much more easy and cost-effective, and I think the public just demands and deserves better accountability from all levels of government," Liu said Thursday.

The open meetings law was changed last year to allow public bodies hold hybrid virtual and in-person meetings under certain rules.

The state Committee on Open Government will release a report about the efficacy and issues with the recent changes made to the open meetings law.

The law will sunset July 1, 2024, giving the governor and Legislature another chance to consider further changes.