New York was the last state in the nation to approve an open meetings law, doing so in 1976. AP photo

It began with an e-mail acknowledgement on June 13, 2022. The New York state Department of Health indicated it received a Freedom of Information Law request from The Post-Journal and the OBSERVER aiming to obtain the documents put forth by the Brooks-TLC Hospital System in its proposal for a new facility in Fredonia.

A boilerplate response followed. “A determination as to whether your request is granted or denied will be reached in approximately 20 business days or we will notify you in writing if the responsible program area(s) should require additional time to locate, assemble, and review documents that may be responsive to your request,” wrote Rosemarie Hewig, Esq., records access officer.

By July, the process to receive the records appeared to be in motion. Officials estimated the paperwork requested would become available by Sept. 14.

That changed on Sept. 15 with a follow-up letter stating more time would be needed. “This office receives 500 to 600 Freedom of Information Law (FOIL) requests per month,” Hewig wrote in a letter regarding the delays. “In response to any FOIL request, this office performs a diligent search for responsive documents. All potentially responsive records are reviewed for responsiveness, FOIL exemptions and legal privileges. This can be time-consuming. Please be assured we are processing your request as quickly and efficiently as possible.”

Nearly one year later, those documents remain tied up in legalese and red tape. If this is as “quickly and efficiently” as the state Health Department operates, it is no wonder Brooks-TLC is still in the dark regarding funding and when it can build its state-of-the-art facility off East Main Street in the village.

In February, Chautauqua County legislators backed a resolution urging the state to come through with its $74 million — set aside by Albany in 2016-17 — for the build to begin. Since then, Albany has remained silent. This leaves a new Brooks-TLC in the north county in limbo even though the prime construction season has already arrived in our region.

Paul Wolf, who serves as president for the New York Coalition for Open Government, notes the lack of access to records across the state is becoming an unfortunate trend with some requests lasting more than a year. Wolf and his committee have been adamant about the lack of enforcement that occurs with open meeting violations across the state — in municipal meetings and with requests for records.

During the coalition’s annual meeting on May 17, Wolf expressed his dissatisfaction to the media and other board members about the lack of punitive action that comes with violating open meeting laws. “The (state) attorney general will not help you. You are on your own,” he said. “Your only recourse is to hire your own private attorney. The attorney general’s office brags about being the people’s lawyer. It’s not the case when it comes to open government issues.”

New York state has a notorious history when it comes to transparency. Wolf noted the first state to pass the open meetings law was Alabama in 1918. The last? New York in 1976.

Wolf has set a pair of lofty goals for the coming year in an effort to make access to government easier for citizens. He wants the state to add a one sentence constitutional amendment, which ups the ante. That makes open government a constitutional right.

In addition, he wants there to be greater enforcement against entities that violate the law. “New York is one of only three states in the country that does not have any penalties for violating the law. None,” Wolf said. “Other states there are fines. You can be criminally charged in some states for violating the law.”

Though the newspaper is the one being shut out of information, we are not the only entity that is suffering. This takes a toll on the north county community, which is counting on a health-care facility, and Brooks-TLC as well.

During a late April evening, state Gov. Kathy Hochul announced a $229 billion budget agreement. It was a surprise to state residents — as well as the New York state Senate and Assembly leaders. Even they, at far too many times, are shut out of important decisions that need to be in the public eye.

Wolf and the coalition are hoping to find a state lawmaker or two who will take up his cause to add a constitutional amendment or real penalties for governments and individuals who are making those decisions behind closed doors. Seeing their lack of input in the budget process that spans more than three months, you would think someone elected to state office would be willing to carry the torch.

Then again, being secretive is easy. Always keeping the public informed and in the loop takes a lot more work.

John D’Agostino is the editor of The Post-Journal, OBSERVER and Times Observer. Send comments to jdagostino@observertoday.com or call 716-487-1111, ext. 253.