Robert Freeman, Executive Director of the New York State Department of State Committee on Open Government clarified that the city is out of compliance. As Freeman puts it, “if you can look at it, you can photograph it.”

Freeman said the city is allowed to require a Freedom of Information Law request to see a plan, but they have no right to ask you why you want to see it.

Last week, WPCNR was told by the Building Department we could not photograph a site plan with the WPCNR digital camera. No photography lights or disruption to the offices would have been involved.

 I was told by a Building Department employee that I had to request the Building Department to make a copy and also file a FOIL request for it and have the request for a copy approved by the Commissioner of Building. To date no one has contacted me saying my request for a copy of the site plan was approved.

Since this policy obviously delays putting out information to the public on stories in a timely manner, WPCNR checked with the Committee on Open Government to the see of the city is allowed to restrict photography and demand explanations from people wishing to see site plans.

They are not. 

Freeman said usually plans are too bulky to photograph and that is why departments send them out for copies – but the White Plains Building Department has no right to stop you from photographing site plans.

The new policy of requiring reporters and presumably citizens to complete a FOIA form and say why they want to see a site plan has been in place since last December by the Building Department.  

Sections 87(2) of the Freedom of Information Law says that accessible records must be made available for copying.