"The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government." - ( 6 NYPBO § 86 )
As state and local government services increase and public problems become more sophisticated and complex and therefore harder to solve, and with the resultant increase in revenues and expenditures, it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible.
The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government"
~
Public Officers Law, Article 6 [§§ 84-90]
New York's Freedom of Information Law (FOIL), codified at Public Officers Law §§ 84 through 90, is available at: http://www.dos.ny.gov/coog/foil2.html.
Public Officers Law, Article 6 [§§ 84-90]
New York's Freedom of Information Law (FOIL), codified at Public Officers Law §§ 84 through 90, is available at: http://www.dos.ny.gov/coog/foil2.html.
July 24, 2018 - Historically, we have always associated and suspected those who engage in secrecy and failure to disclose details of their activities, with having something to hide. Although in the exotic animal industry your very survival can depend on how well you blend into the background and out of the gaze of activist groups and their government com-padres, the law specifically states how and under what circumstances the government is mandated to be transparent; that is, provide disclosure of their activities and data to the public.
Once again, the Department of Environmental Conservation acts as if it is above the law and picks and chooses to whom disclosure will occur and to whom it will not. The unwritten regulation of mandatory friendship of licensees and the public with the SLU and law enforcement staff, along with the latter's approval of the former's lifestyle and personal beliefs, creates an environment stifled with favoritism and consequently disobedience of the law. Let me give you an example from my stash of FOIL rejections and give a perfect example of how the secrecy of the NYSDEC equates to unethical and even unlawful activity.
In November of 2017, I filed a complaint with the NYS Supreme Court against a colleague for taking off with animals I boarded with him while I was in the hospital for surgery (Leo v Thomas, 2017). It wasn't surprising to me when I found evidence of the Special Licenses Unit and Law Enforcement Division acting behind my colleague's actions. During an alleged "internal matter" (as it was called by the NYSDEC Region 8 attorney), the licensee who took off with my animals did so with the blessing, misinformation and unethical encouragement from the Special Licenses Unit, Region 8 Law Enforcement and a rogue USDA Inspector who allowed herself to be easily manipulated by the NYSDEC. Of course, no one mentioned above had the cojones to say anything to me directly about their opinions.
Once again, the Department of Environmental Conservation acts as if it is above the law and picks and chooses to whom disclosure will occur and to whom it will not. The unwritten regulation of mandatory friendship of licensees and the public with the SLU and law enforcement staff, along with the latter's approval of the former's lifestyle and personal beliefs, creates an environment stifled with favoritism and consequently disobedience of the law. Let me give you an example from my stash of FOIL rejections and give a perfect example of how the secrecy of the NYSDEC equates to unethical and even unlawful activity.
In November of 2017, I filed a complaint with the NYS Supreme Court against a colleague for taking off with animals I boarded with him while I was in the hospital for surgery (Leo v Thomas, 2017). It wasn't surprising to me when I found evidence of the Special Licenses Unit and Law Enforcement Division acting behind my colleague's actions. During an alleged "internal matter" (as it was called by the NYSDEC Region 8 attorney), the licensee who took off with my animals did so with the blessing, misinformation and unethical encouragement from the Special Licenses Unit, Region 8 Law Enforcement and a rogue USDA Inspector who allowed herself to be easily manipulated by the NYSDEC. Of course, no one mentioned above had the cojones to say anything to me directly about their opinions.