Freedom of Information in Practice: How Homer Residents Can Use FOIL
The Freedom of Information Law (FOIL) is one of the most powerful tools New Yorkers have to keep government accountable. It guarantees the public’s right to access government records — everything from budgets and emails to draft laws and meeting notes.
For residents of Homer, FOIL means you can ask the Homer Town Board (or any other local body) for records that shape important decisions, including the billboard law proposals that stirred so much debate.
What FOIL Covers
FOIL applies to nearly every government record, including:
Agendas, minutes, and resolutions
Emails and correspondence by board members
Draft laws and regulations once they’ve been shared or referenced publicly
Contracts, financial statements, and zoning documents
Unless specifically exempt, these records must be made available upon request.
📖 Source: NYS Committee on Open Government – FOIL
How to File a FOIL Request (Step by Step)
Identify the record you want (e.g. “All drafts of the billboard zoning law discussed at the May 21, 2025 meeting”).
Write a clear request – include as much detail as possible (dates, subjects, departments).
Submit your request – usually by email or mail to the Town Clerk (for Homer: clerk@townofhomer.org).
Keep a copy – always save your request for your own records.
📖 Sample FOIL request template: NYS FOIL Sample Letters
Response Timelines
The law sets deadlines to prevent endless delays:
Within 5 business days, the town must acknowledge your request.
They must either:
Provide the records,
Give a timeframe for when the records will be available, or
Deny the request (with a reason).
If denied, you have the right to appeal within 30 days.
Common Exemptions
Not every record can be released. FOIL allows government to withhold documents that would:
Involve personal privacy (e.g. medical records, personnel files)
Interfere with law enforcement investigations
Reveal trade secrets or confidential financial info
Endanger public safety
But remember: drafts and working documents are not automatically exempt. Once a draft law is circulated, discussed, or referenced in a public meeting, it becomes a public record. That means the drafts of Homer’s proposed billboard law should have been available to residents under FOIL.
FOIL in Action: The Billboard Example
When the Homer Town Board debated electronic billboards, residents often struggled to access draft versions of the proposed law. Under FOIL, those drafts — once shared with the board or mentioned in public — are records the public has a right to review.
FOIL ensures that residents aren’t left in the dark while decisions are being shaped. It gives everyone the same access to information, not just insiders.
Why FOIL Matters for Homer
By using FOIL, residents can:
Stay informed on zoning, budgets, and development projects.
Hold the Town Board accountable for decisions.
Ensure transparency in controversial issues like billboards.
FOIL isn’t about creating conflict — it’s about creating trust. When the Homer Town Board shares documents openly, the whole community benefits.
