Overview
The New York City Freedom of Information Law (FOIL) exists to promote transparency, accountability, and public access to government records. However, significant concerns have been raised about persistent delays and questionable denials in how the New York City Police Department (NYPD) responds to FOIL requests. These patterns not only erode public trust—they also violate the spirit and intent of New York State’s transparency laws.

To address systemic noncompliance, the City Council has the authority under the Charter to direct the Department of Investigation (DOI) to conduct formal investigations of City agencies, including the NYPD. Using this authority to review the NYPD’s FOIL operations would be a powerful tool to identify structural issues, recommend reforms, and uphold the City’s commitment to open government.

The Problem
Numerous journalists, researchers, and advocates have documented the following recurring problems in NYPD FOIL handling:

• Excessive delays that far exceed the reasonable timeframe prescribed by law
• Inappropriate use of exemptions to shield non-sensitive, administrative records
• Constructive denials, where prolonged silence or delay effectively denies public access

These issues persist despite the NYPD’s considerable technological and legal resources—suggesting that noncompliance is not a matter of capacity, but of institutional approach.

Proposed Oversight
To bring meaningful accountability to NYPD’s FOIL practices, the City Council should direct the Department of Investigation to investigate the NYPD and FOIL compliance.

Legal Authority
Under the New York City Charter, the Council may request DOI to investigate any agency or officer suspected of “unlawful, unethical, or inefficient conduct.” This includes patterns of administrative behavior that frustrate legal mandates like FOIL.

Why It Matters
Transparency is not optional. When one of the City’s most powerful agencies consistently fails to meet public disclosure standards, it undermines both the law and democratic oversight. A DOI-led investigation, triggered by the Council, would affirm the City’s commitment to transparency and ensure that FOIL works as intended—for everyone.