n December 18, 1998, in a significant victory for open government, New York State Supreme Court Justice Karla Moskowitz granted the summary judgment motion of the Independent Budget Office (IBO) in its litigation on access to city information.

IBO's lawsuit against Mayor Rudolph Giuliani asked the Court to declare "invalid" a directive of the mayor's Office of Management and Budget (OMB) that prohibits city agencies from dealing directly with IBO without the screening of the mayor's budget office.

According to the New York City charter, IBO is "authorized to secure such information, data, estimates, and statistics from the agencies of the city" as IBO determines is necessary to fulfill its functions.

However, as a result of the mayor's current policies on access to information, IBO has been hampered in its ability to provide its clients with the full information and analysis to which they are entitled.

Justice Moskowitz read aloud that provision of the charter-emphasizing that the words mean what they say-authorizing the IBO Director to secure such information from city agencies as he deems necessary to carry out the functions of IBO.

She held that the charter not only allows the IBO Director to determine the specific nature of the request but also the means by which the information is to be obtained. The judge also said that no executive office has the authority to interfere with direct access by IBO to information from city agencies as it carries out its charter-mandated duties. The judge then struck down the directive.

"IBO was established as a way to democratize city government and put City Council Members and other elected officials on a more equal footing with the mayor on budgetary and other fiscal issues confronting New York City," said IBO Director Douglas Criscitello. "The Court's affirmation of our authority to obtain any and all information that we deem appropriate from city agencies is a victory for all New Yorkers who care about open and efficient government."

Evan Davis, a partner at Cleary, Gottlieb, Steen & Hamilton, pro bono counsel to IBO and the sixteen other plaintiffs said, "By giving the full intended effect to the charter language, the Court has frustrated the continuing effort to strangle the IBO and vindicated the charter plan to open up the budget process."

While other lawsuits over access to information from city government have sought specific records or data, IBO's victory provides broader relief.

Consistent with the charter language, the ruling recognizes IBO's right to access all information necessary to assist elected officials in the discharge of their official responsibilities.

IBO's clients, as specified in the charter, are City Council Members, Borough Presidents, the Public Advocate, the City Comptroller, and the city's 59 Community Boards. IBO also provides analysis and information to civic groups, the media, and the public at-large.

The lawsuit was filed on April 1, 1998. Sixteen public officials and non-governmental organizations joined the suit as co-plaintiffs: Public Advocate Mark Green, Bronx Borough President Fernando Ferrer, City Council Members Stephen DiBrienza, Thomas Duane, Ronnie Eldridge, Sheldon Leffler, Margarita Lopez, Bill Perkins, Phil Reed, and Angel Rodriguez, the New York Public Interest Research Group, City Project, Associa-tion for Neighborhood Housing and Development, Common Cause of New York State, Community Service Society of New York, and the City Club of New York.