Assembly Minority Leader James Tedisco (R,C,I-Schenectady-Saratoga) today filed a Freedom of Information Law (FOIL) request to obtain access to the 28-page questionnaire Governor David Paterson has sent to Caroline Kennedy and other prospective candidates seeking appointment to New York's soon-to-be vacated U.S. Senate seat.

Tedisco's FOIL request, submitted to the Governor's office today, seeks information related to the 28-page questionnaire provided by Governor Paterson to the candidates he is considering as Senator Hillary Clinton's replacement. Specifically, the FOIL request seeks:

• A list of all persons who have met with, or had telephone conversations with, the Governor to discuss an interest in being appointed to the U.S. Senate seat to be vacated by Senator Hillary Clinton;

• A list of all persons who have been requested to complete a security clearance, background investigation, and/or informational questionnaire by the Governor, the Governor's Counsel, or any other person at the Governor's behest for the purpose of vetting such person as a potential appointee to the U.S. Senate seat to be vacated by Senator Hillary Clinton;

• A blank copy of the security clearance, background investigation, or informational questionnaire supplied by the Governor, the Governor's Counsel, or anyone acting at the Governor's behest to any person interested in the U.S. Senate seat to be vacated by Senator Hillary Clinton; and

• A copy of each security clearance, background investigation, or informational questionnaire submitted to the Governor, the Governor's Counsel, or anyone acting at the Governor's behest and direction from any person interested in being appointed to the U.S. Senate seat to be vacated by Senator Hillary Clinton.

As first reported by the Associated Press' Michael Gormley earlier this week, Executive Director of New York State's Committee on Open Government, Robert Freeman, has asked why the Governor's questionnaire has not been made public. Freeman also urged public disclosure of the names of all candidates under serious consideration by Governor Paterson for New York's U.S. Senate seat.

"The Governor's questionnaire should not be a secret document - the public has a right to know who all the prospective candidates for U.S. Senate are and what types of questions they have been asked. Since the Governor's office has not been forthcoming with this information - to the public, the media, or myself - I filed a FOIL request so these details can be made available. New Yorkers have a right to know," Tedisco said.

"From the Times Union, to the Post Star, Troy Record, Poughkeepsie Journal and Auburn Citizen, there is a growing chorus of newspaper editorial pages calling for a less secretive, more transparent Senate selection process. A majority of the publications strongly support my call for a special election to fill our state's expected U.S. Senate vacancy," Tedisco said.

"In a letter to Governor Paterson today, I urged him to strongly consider the editorial opinion of these newspapers, saying that New Yorkers deserve an open, transparent process - along with a special election - so the voters can decide who will serve as our state's next junior Senator," Tedisco noted.

Tedisco's correspondence to Governor Paterson also urged that he delay making any announcement on his choice to serve as New York State's next U.S. Senator until the Legislature had time to consider the special election legislation.

"Since the Legislature is not scheduled to reconvene until Wednesday, January 21, I respectfully ask that you withhold making an appointment to Senator Clinton's seat until we are able to fully gauge the interest of the legislature and the public in changing Section 42 (4-a) of the Public Officers Law," Tedisco wrote to the Governor.

Tedisco also sent letters to Assembly Speaker Sheldon Silver and Senate Majority Leader Malcolm Smith, urging that they schedule an immediate vote on his legislation (Assembly Bill ) when the Legislature reconvenes next week.

"As time is of the essence, I urge you to schedule an Assembly vote on this legislation as soon as possible," Tedisco said to Speaker Silver and Majority Leader Smith.

At a press conference yesterday, Tedisco made public his legislation - Assembly Bill - that would end a pattern of "accidental" elected officials serving in New York by amending the State's Public Officers Law to require Special Elections for any vacancies occurring in the office of U.S. Senator from New York. The initiative requires the Governor - within ten days - to call a Special Election within 90 days of the occurrence of the vacancy.

Tedisco indicated that Minnesota and Connecticut have also sought to amend their replacement process so a Special Election, and not a gubernatorial appointment, is utilized to fill any vacated Senate seat. Alabama, Massachusetts, Oklahoma and Wisconsin presently do not have interim appointment processes for U.S. Senate vacancies and utilize special elections to choose successors.

Below is a copy of Tedisco's FOIL request to Governor Paterson.

January 14, 2009

Peter Kiernan
Counsel to the Governor
State Capitol
Albany, New 12224

RE: List of persons requesting appointment to office of U.S. Senator from New York, blank form questionnaire and completed questionnaires.

Dear Mr. Kiernan:

Pursuant to §§87 & 89 of the Public Officer's Law ("Freedom of Information Law"), I hereby request that you provide copies of the documents listed below within five (5) business days:

1. A list of all persons who have met with or had telephone conversations with the Governor to discuss an interest in being appointed to the U.S. Senate seat to be vacated by Senator Hillary Clinton during the period of November 6, 2008 to the present. This request can be filled by providing copies of the Governor's official and unofficial schedules for each of the dates on which such meetings may have occurred.

2. A list of all persons who have been requested to complete a security clearance, background investigation, and/or informational questionnaire by the Governor, the Governor's Counsel or any other person at the Governor's behest for the purpose of vetting such person as a potential appointee to the U.S. Senate seat to be vacated by Senator Hillary Clinton during the period of November 6, 2008 to the present.

3. A blank copy of the security clearance, background investigation, or informational questionnaire supplied by the Governor, the Governor's Counsel or anyone acting at the Governor's behest to any person interested in the U.S. Senate seat to be vacated by Senator Hillary Clinton during the period from November 8, 2008 to the present.

4. A copy of each security clearance, background investigation, or informational questionnaire submitted to the Governor, the Governor's Counsel or anyone acting at the Governor's behest and direction from any person interested in being appointed to the U.S. Senate seat to be vacated by Senator Hillary Clinton during the time period from November 6, 2008 to the present.

When the materials are ready for inspection and/or delivery, please notify the undersigned. Any questions regarding this request should also be referred to the undersigned.

Your courtesy and cooperation in this matter is greatly appreciated.

Very truly yours,
Michael R. Cuevas
Chief Counsel