Information Law
Since the enactment of the Freedom of Information Law in 1974, questions have arisen regarding the status of the volunteer fire companies under the law. Although volunteer fire companies perform what is traditionally considered a governmental function, they are often not-for-profit corporations that have contractual relationships with one or more units of government.
The Court of Appeals recently found in Westchester-Rockland Newspapers vs. Kimball that volunteer fire companies are subject to the Freedom of Information Law in all respects. The court cited the legislative declaration in section 84 of the law, which states that “it is incumbent upon the State and its localities to extend public accountability wherever and whenever feasible.”
The opinion found further that, “True, the Legislature, in separately delineating the powers and duties of volunteer fire departments, for example has nowhere included an obligation comparable to that spelled out in the Freedom of Information statute…But absent a provision exempting volunteer fire departments from the reach of article 6—and there is none—we attach no significance to the fact that these or other particular agencies, regular or volunteer, are not expressly included.”
In view of the Court of Appeals’ decision, it is now clear that volunteer fire companies have the same obligations under the Freedom of Information Law as governmental agencies subject to its provisions.
Courtesty of “Newsvane,” New York, Department of State.
