Letters

The Southampton Press missed an opportunity when it covered the Freedom of Information Law at a Southampton Village Board meeting [“Southampton Village Trustee Simioni Raises Concerns About FOIL Request Response Time; Mayor and Attorney Push Back on Assertion That Village Isn’t Following ‘Spirit of the Law,’” 27east.com, October 2]. Then, a village trustee raised concerns about the village’s handling of FOIL requests. FOIL is critical not only for journalists in doing their jobs but for the public’s right to access information.

Unfortunately, The Press’s coverage boiled down to a “he said, she said” piece, allowing the mayor and village attorney to dismiss the trustee’s concerns.

The article could have done more to highlight the vital role FOIL plays in fostering transparency. The fact is, Southampton Village employs some unorthodox FOIL practices that raise eyebrows. For instance, when residents submit a FOIL request, they receive a boilerplate response stating that it could take up to 120 days to fulfill the request.

This is hardly permissible under New York State Public Officers Law, which requires that the village acknowledge receipt of a FOIL request within five business days and if the request cannot be fulfilled within 20 business days must provide a specific reason for the delay. Certainly, exceptions exist when a request is particularly complex or voluminous, but the village must offer clear justifications — which it often fails to do.

Moreover, there are precedents from the State Committee on Open Government, such as an opinion related to the New York City Parks Department, where a 90-day delay in fulfilling a FOIL request was found unacceptable. The opinion noted that providing access to public records is not a gift but an obligation.

One resident reported waiting over a year for her FOIL request to be completed. Meanwhile, the village frequently uses exemptions, like the intra-agency exemption, to withhold or redact large amounts of information. While the law permits these exemptions, it does not mandate them. This means the village often violates the spirit of the law, even if it technically remains within legal boundaries.

Adopting new technology could vastly improve FOIL compliance. Systems that allow residents to track the status of their FOIL requests and provide regular updates would ensure greater transparency and minimize delays.

The Press has a role to play, too. The Press should do more to inform the public about the importance of FOIL, what the rules are, and how residents can exercise their right to access public records. Many people simply don’t know these laws, and not everyone has the resources to hire an attorney if they encounter delays or denials. A series of articles explaining FOIL and its significance would go a long way toward educating the community.

In the end, if the press cannot access public information, it’s likely the residents cannot either. That’s why I felt The Southampton Press missed the mark.

Jesse Warren

Southampton Village

Warren is a former mayor of Southampton Village — Ed.