Saying his decision stemmed from a belief in open government and transparency, Supreme Court Justice Arthur F. Engoron said that the taxpayer-funded consultant's report and all its drafts belong to the people of New York City.
"The city's not the only interest group here. And the city's not infallible," Engoron said after comparing the city's claim that the report should be private to President Richard Nixon's claims of executive privilege during the Watergate scandal.
Lawyers for the city had argued that the review, commissioned after a massive blizzard in December 2010 that stranded ambulances and backed up the emergency call system. , is still in draft form. They claimed that an order to release the documents could have a chilling effect on city employees, who might become reluctant to freely express their opinions because of a fear they could be made public.
But the judge sided with lawyers for unions representing city firefighters, who argued that it was in the interest of their clients - and of the public - to learn about any problems with the 911 system that could be delaying response times and putting lives at risk.
Kate O'Brien Ahlers, a spokeswoman for the city's Law Department, said the city was very disappointed with the ruling and would consider appealing.
Under the judge's ruling, the documents must be released within seven days to the unions, which may then decide whether to submit them into evidence during a public arbitration hearing scheduled for April 20.
The unions contend that the city's recent overhaul of the 911 system has led to delays that have been concealed by a change in how the city calculates its fire response times. Administration officials say the overhaul has modernized an out-of-date system and eliminated inefficiencies, improving response times.
Last month, the city's comptroller issued an audit criticizing the city for its handling of the 911 system overhaul, saying it was $1 billion over budget and seven years behind schedule. Deputy Mayor for Operations Cas Holloway attacked the report as misleading, disputing the figures and arguing that most of the cost increase was due to a strategic decision to build the backup center from the ground up.
