Lawmakers Ignore Law

The people who make the laws are not following one.

In a violation of New York's Freedom of Information Law, the Albany County Legislature does not maintain a complete voting record for every legislator.

"How do we know whom to elect unless we know where they stand on the issues," said Robert Freeman, Director of the Committee on Open Government.

On some issues -- including bonds, budgets, local laws, and veto overrides -- the county legislature takes a "roll call vote," in which each member responds 'Yea' or 'Nay.' A legislator may also request a roll call on any issue.

Barring those circumstances, however, the legislature simply takes a voice vote: "All in favor - say, 'Yea.' All opposed - say, 'Nay.'" In those cases, there is no record of how each legislator voted.

That violates Article 6 of New York's Freedom of Information Law, which states: "Each agency shall maintain a record of the final vote of each member..."

Instead, the legislature follows the Open Meetings Law -- which only requires a record of whether a given vote passed, said Albany County Legislature Chairman Charles Houghtaling, Jr.

"I believe we have not only met, but have exceeded, the legal requirements for transparency of the actions of the County Legislature," Houghtaling said.

Freeman -- at the Committee on Open Government - disagrees. And since the law provides no one to enforce it, he said it's up to you to pressure the legislature to begin recording every member's every vote.

"The Freedom of Information Law is more or less enforced by the public," he said.