The passage of this legislative package coincides with “Sunshine Week” (March 12-18), a nationwide initiative highlighting the importance of open government.
“New Yorkers deserve to know exactly what public officials are doing on their behalf and how they’re spending taxpayer money,” Assemblywoman Jenne said. “I strongly support this legislation because, ultimately, open government is good government.”
The Assembly measures would:
• Require all political communications to disclose the identity of the committee or group that financed them (A.2158-A);
• Clarify that the name of a retiree, but not a beneficiary, in the public employees’ retirement system is subject to disclosure by Freedom of Information Law (FOIL) request (A.3306);
·• Prohibit state agencies from inappropriately using copyright claims to block access to a public record (A.2401);
• Require that records in a judicial proceeding be available to the public if the presiding judge determines there is no risk that disclosure would disrupt the proceedings (A.3463);
• Require every state agency with a website to ensure its website allows for online submission of FOIL requests (A.2131); and
• Require the disclosure of the names and addresses of members, managers or authorized persons of a limited liability company (LLC) that enters into a lease agreement with government entities (A.3242).
Assemblywoman Jenne said the pressing need for more transparency in state government came to the forefront as recently as last week with news that a state comptroller audit of the Justice Center for the Protection of People with Special Needs was hindered by center officials.
As a result of that lack of transparency, the comptroller’s office wasn’t able to access over 70 percent of incidents in the Vulnerable Persons Central Registry (VPCR), a database of abuse allegations. That meant the auditors were unable to determine if incidents had been handled effectively.
“At a time when the need for greater government transparency is so urgent, the findings of the comptroller’s audit raise serious concerns,” Assemblywoman Jenne said.
She said transparency is also aided by a balance of power between the executive, legislative and judicial branches.
Assemblywoman Jenne said she is concerned a proposal in the executive's budget that would create a chef procurement officer and expand the inspector general's role, both positions appointed by the governor, in the wake of alleged financial abuses by individuals involved in the state's economic development initiatives.
"I was pleased to see the governor taking steps aimed at preventing further abuses of the contracting process in the state, but a plan that would centralize all power on the second floor of the state capitol would likely not aid in efforts to increase transparency in state government operations," she noted.
The governor's proposal calls for his appointee, the state Inspector General, to have his jurisdiction increase so he oversees alleged abuses of not-for-profits that are working in concert with SUNY and CUNY.
The Inspector General, according to the executive budget plan, would be authorized to investigate complaints of corruption, fraud, criminal activity, conflicts of interest, or abuse within each university and its affiliates, and to refer potential criminal findings within these entities for prosecution.
The executive budget also calls for broadening the Inspector General’s authority to include all state-related procurement and the implementation and enforcement of financial control policies at SUNY and CUNY.
This would allow the Inspector General to oversee the policies of any affiliated nonprofit organization and foundation of each respective university.
"It seems clear, based in some part on the events of the past several months, that it is in the public's best interest and in the interest of providing the transparency necessary so we can effectively gauge the success or failure of state programs that oversight should be performed by the Comptroller's Office, the state agency best suited to handle this task. It also takes away the perception that there could be a potential conflict of interest if those oversight functions are centralized by the governor's team," Assemblywoman Jenne said.
