JOURNALISM IN PRACTICE
How we use the Freedom of Information Law
Mary Pasciak, a reporter on our watchdog team, is an expert at using New York State's Freedom of Information Law (FOIL) to uncover stories.
The Freedom of Information Law is a state law that ensures the public has access to government records. Pasciak explains, any record of any public agency, whether it’s the Hamburg Village Office of Public Works or the State Department of Health, should be available for the public to request—with a few exceptions that include protection of privacy or requests that are too broad to fulfill.
Watchdog Reporter Matt Spina, explains that journalists use FOIL any time they believe there is information contained in public records that could shed light on a topic they’re reporting on. Or, they may request records to see what the government has generated about a specific topic affecting the community.
Spina has used the law to obtain documents like police reports and emails as well as videos such as police body cam footage.
In a 2012 story about the misuse of grant funds in the Buffalo Public School System, Pasciak used FOIL to gain access to internal documents.
“The district had hired a law firm to do an investigation of alleged or suspected misuse of grant funds,” she said. Because they used taxpayer money to hire the firm, any paper trail regarding the investigation was legally available to the public through FOIL.
“They denied the request and the appeal,” she said. “That was the first time, in more than a decade that The News filed an Article 78.” This meant the case would go to court for a judge to decide whether or not the district had to hand over the documents.
"Once they realized we were going to go to court, they knew they were going to have to turn them over," Pasciak said. "So, we did end up getting them."
Over the past year, our newsroom has filed hundreds of FOIL requests. "I think it's super essential in terms of protecting democracy, because it ensures that the people can scrutinize what the government is doing and ensure transparency," Pasciak said.
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