NYC officials develop plan to process Giuliani papers

By The Associated Press

02.16.02

Printer-friendly page

NEW YORK — The city has released a plan for the archival of and public access to records from the Giuliani administration as part of a deal to hand over the documents to a private archivist.

Under the plan, the city's Office of the Corporation Counsel will determine which mayoral records are official government documents and which are private records of former Mayor Rudolph Giuliani or other individuals.

The corporation counsel also will rule on access requests made under the Freedom of Information Act.

Critics had questioned an earlier agreement that gave the former mayor the right to determine what documents could be made public. Under that agreement, which was signed Dec. 24, just before Giuliani left office, records related to his administration were handed over to the Rudolph W. Giuliani Center for Urban affairs, a new organization run by colleagues of the ex-mayor.

The new archival plan was released Feb. 14, a day after Robert Freeman, director of the state's Committee on Open Government, issued an advisory opinion in which he found elements of the agreement to be inconsistent with the Freedom of Information law.

Freeman had questioned a provision in the agreement that gave the former mayor the right to determine what documents can be made public.

Michael Cardozo, the city's corporation counsel, said the plan addressed those issues.

"He need not have any concern," Cardozo said. "Not only are the records the property of the city, but the city will determine whether or not there's some basis to withhold some particular piece of paper."

The records in question include a variety of information from Giuliani's office and those of his chief of staff, deputy mayors and their chiefs of staff.

Cardozo said archivists will process the documents over a three-year period, flagging all records that may be private, in addition to those that may relate to city security, law enforcement or pending litigation.

Files containing such materials will be separated and marked "Restricted," but if any requests are made for those documents, Cardozo's office will determine whether to grant access.

The agreement between the city and the Giuliani center asserts that ownership of the documents remains with the city and says the center will comply with the Freedom of Information Act and other disclosure statutes.

The agreement sparked controversy when it was first reported last month. City Comptroller William Thompson launched an audit of the agreement, and Public Advocate Betsy Gotbaum asked for it to be reviewed, noting that it may violate the City Charter.

Update

Giuliani records deal still raises questions
New York's top open-records official says revised plan is still inconsistent with state's Freedom of Information law.  02.28.02

Previous

N.Y. FOI official questions Giuliani's records deal
Committee on Open Government director says agreement giving former New York City mayor's documents to private group is 'inconsistent' with state law.  02.14.02