On October 15th, a routine Saratoga Springs City Council meeting took a controversial turn when Mayor John Safford admitted to blocking a Freedom of Information Law (FOIL) request submitted by Commissioner of Accounts Dillon Moran. This admission not only sparked a heated exchange but raised broader concerns about transparency, political interference, and the legal framework governing FOIL requests in the city.
Mayor’s Role in the FOIL Process
The tension arose during the portion of the meeting led by Commissioner of Finance Minita Sanghvi, whose seventh agenda item focused on the FOIL process. Sanghvi initiated the discussion by questioning the efficiency of the city’s handling of FOIL requests, asking if there were issues with how requests were prioritized. “It seems like some requests get processed before others,” she said, seeking clarity on whether technical issues or other factors were responsible for the delays.
Moran took this opportunity to express his frustration with his FOIL request, which had been delayed for months. “I filed a FOIL request regarding city operations, and I’ve received no response,” Moran said, highlighting his dissatisfaction with the process.
In a surprising turn, Mayor Safford admitted to personally intervening in the matter, stating, “We have dealt with that,” before revealing his discomfort with the nature of Moran’s request. He explained that it was “unusual” for Commissioners to file FOILs on one another, implying that this was the reason for the delay.
Moran immediately challenged this reasoning. “I’m not a citizen?” he asked, pointing out that his role as a Commissioner did not strip him of his right to access information under FOIL. Moran’s core argument was simple: FOIL is a tool meant to guarantee transparency for all citizens, regardless of political office or affiliation.
Political Interference
The debate escalated when Mayor Safford accused Moran of harassing the FOIL officer. This accusation shifted the focus from the broader issue of transparency to a personal critique of Moran’s actions.
Moran refuted the claims, explaining that his repeated follow-ups were due to months of delay, not harassment. “I sent in a FOIL request on June 26th,” Moran noted, adding that despite multiple follow-ups, he had yet to receive the requested information.
No sir! This is about the process … you’re intentionally violating the will stated in the AOD by the Attorney General’s office and it’s about me? It is not about me sir, it is about the conduct of the legal department and as it relates to the FOIL process.
The Mayor’s admission that he had blocked the request raises ethical red flags. Under New York State law, FOIL requests are not to be influenced by political considerations. The law clearly states that all public records are presumed accessible unless they fall under specific exemptions, such as privacy concerns or security risks. By choosing to delay Moran’s request based on political discomfort, Mayor Safford may have overstepped his legal authority, turning a supposedly neutral process into a politically motivated one.
Legal Implications
New York State’s FOIL statute requires that an impartial Records Access Officer (RAO) administer FOIL requests based on specific legal guidelines. The Mayor’s direct involvement in the decision to block Moran’s FOIL request raises questions about potential breaches of this legal framework.
The Saratoga Springs Charter does not explicitly assign the Mayor authority over the FOIL process. The Mayor is tasked with broader responsibilities such as overseeing city operations and enforcing city laws. However, by intervening in the FOIL process, the Mayor may be violating not only state law but also the city’s own administrative protocols.
Additionally, the FOIL officer’s role is intended to be apolitical. FOIL decisions must be based solely on the nature of the information requested and whether it falls under any statutory exemptions. The Mayor’s justification that Moran’s request was “too unusual” highlights an improper application of the law, as FOIL is designed to ensure transparency regardless of political context. Another remark by the Mayor, “to have Commissioners do FOILs on other Commissioners, it’s just an odd thing,” seems highly inappropriate as a reason to block a request.
Internal Audit
In response to these concerns, Commissioner Sanghvi proposed conducting an internal audit of the FOIL process to ensure transparency and fairness in handling requests. “We need to ensure that this process is transparent, fair, and in compliance with the law,” Sanghvi stated, emphasizing the need for impartiality.
Moran supported the call for an audit, stressing the need for an objective review of the FOIL process. He pointed out that political interference could undermine public trust in the city’s governance, stating, “This is the people’s right, they can FOIL… People should know that their FOILs are not getting answered in a timely manner.”
Safford, for his part, expressed support for the idea of an audit, albeit with reservations about the timing of the discussion. “I’m always in favor of internal audits,” Safford said, though he insisted the debate over FOIL could have been handled outside of a public council meeting.
Transparency and Accountability
The October 15th council meeting has brought the issue of transparency to the forefront of Saratoga Springs politics. Mayor Safford’s admission of political interference in the FOIL process raises significant concerns about the integrity of the city’s public records management. As Sanghvi and Moran push for an internal audit, the city may face increased scrutiny over its handling of public information requests.
At its core, this debate is about the fundamental right of citizens to access government information without fear of political retribution. If political considerations can be used to delay or block FOIL requests, the entire premise of government transparency is called into question. The audit, if conducted, may reveal whether this instance is part of a larger pattern of political interference in Saratoga Springs, with far-reaching consequences for the city’s leadership and its “commitment to accountability.”
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