Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 11, 2016 | print number 5827b |
Jan 11, 2016 | amend and recommit to governmental operations |
Jan 06, 2016 | referred to governmental operations |
Mar 25, 2015 | print number 5827a |
Mar 25, 2015 | amend and recommit to governmental operations |
Mar 05, 2015 | referred to governmental operations |
assembly Bill A5827B
2015-2016 Legislative Session
Enacts the integrity in government act
Sponsored By
SKOUFIS
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
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view actions (6)
Co-Sponsors
Richard Gottfried
Michael Blake
Fred Thiele
Walter T. Mosley
- view additional co-sponsors
Kenneth Zebrowski
Al Graf
Andrew Raia
Multi-Sponsors
Clifford Crouch
Jo Anne Simon
A5827 - Details
A5827 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5827 2015-2016 Regular Sessions I N A S S E M B L Y March 5, 2015 ___________ Introduced by M. of A. SKOUFIS -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the public officers law, in relation to enacting the integrity in government act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "integrity in government act". S 2. Subdivision 1 of section 89 of the public officers law, as added by chapter 933 of the laws of 1977, paragraph (a) as amended by chapter 33 of the laws of 1984 and paragraph (b) as amended by chapter 182 of the laws of 2006, is amended to read as follows: 1. (a) [The committee on open government is continued and shall consist of the lieutenant governor or the delegate of such officer, the secretary of state or the delegate of such officer, whose office shall act as secretariat for the committee, the commissioner of the office of general services or the delegate of such officer, the director of the budget or the delegate of such officer, and seven other persons, none of whom shall hold any other state or local public office except the repre- sentative of local governments as set forth herein, to be appointed as follows: five by the governor, at least two of whom are or have been representatives of the news media, one of whom shall be a representative of local government who, at the time of appointment, is serving as a duly elected officer of a local government, one by the temporary presi- dent of the senate, and one by the speaker of the assembly. The persons appointed by the temporary president of the senate and the speaker of the assembly shall be appointed to serve, respectively, until the expi- ration of the terms of office of the temporary president and the speaker to which the temporary president and speaker were elected. The four persons presently serving by appointment of the governor for fixed terms shall continue to serve until the expiration of their respective terms. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09242-06-5
A. 5827 2 Thereafter, their respective successors shall be appointed for terms of four years. The member representing local government shall be appointed for a term of four years, so long as such member shall remain a duly elected officer of a local government. The committee shall hold no less than two meetings annually, but may meet at any time. The members of the committee shall be entitled to reimbursement for actual expenses incurred in the discharge of their duties. (b) The committee shall: i. furnish to any agency advisory guidelines, opinions or other appro- priate information regarding this article; ii. furnish to any person advisory opinions or other appropriate information regarding this article; iii. promulgate rules and regulations with respect to the implementa- tion of subdivision one and paragraph (c) of subdivision three of section eighty-seven of this article; iv. request from any agency such assistance, services and information as will enable the committee to effectively carry out its powers and duties; v. develop a form, which shall be made available on the internet, that may be used by the public to request a record; and vi. report on its activities and findings regarding this article and article seven of this chapter, including recommendations for changes in the law, to the governor and the legislature annually, on or before December fifteenth.] THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF STATE A FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION, HEREAFTER REFERRED TO AS THE "COMMISSION", WHICH SHALL HAVE AND EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS SECTION. I. THE COMMISSION SHALL CONSIST OF THE LIEUTENANT GOVERNOR OR THE DELEGATE OF SUCH OFFICER, THE SECRETARY OF STATE OR THE DELEGATE OF SUCH OFFICER, WHOSE OFFICE SHALL ACT AS SECRETARIAT FOR THE COMMISSION, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES OR THE DELEGATE OF SUCH OFFICER, THE DIRECTOR OF THE BUDGET OR THE DELEGATE OF SUCH OFFICER, AND SEVEN OTHER PERSONS, NONE OF WHOM SHALL HOLD ANY OTHER STATE OR LOCAL PUBLIC OFFICE EXCEPT THE REPRESENTATIVE OF LOCAL GOVERNMENTS AS SET FORTH HEREIN, TO BE APPOINTED AS FOLLOWS: FIVE BY THE GOVERNOR, AT LEAST THREE OF WHOM ARE OR HAVE BEEN REPRESENTATIVES OF THE NEWS MEDIA, ONE OF WHOM SHALL BE A REPRESENTATIVE OF LOCAL GOVERNMENT WHO, AT THE TIME OF APPOINTMENT, IS SERVING AS A DULY ELECTED OFFICER OF A LOCAL GOVERNMENT, ONE BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE BY THE SPEAKER OF THE ASSEMBLY. THE PERSONS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED TO SERVE, RESPECTIVELY, UNTIL THE EXPIRATION OF THE TERMS OF OFFICE OF THE TEMPO- RARY PRESIDENT AND THE SPEAKER TO WHICH THE TEMPORARY PRESIDENT AND SPEAKER WERE ELECTED. THE PERSONS APPOINTED BY THE GOVERNOR SHALL BE APPOINTED TO SERVE FOR TERMS OF FOUR YEARS. THE MEMBER REPRESENTING LOCAL GOVERNMENT SHALL BE APPOINTED FOR A TERM OF FOUR YEARS, SO LONG AS SUCH MEMBER SHALL REMAIN A DULY ELECTED OFFICER OF A LOCAL GOVERNMENT. ANY VACANCY OCCURRING ON THE COMMISSION SHALL BE FILLED WITHIN THIRTY DAYS BY THE APPOINTING AUTHORITY. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHER THAN BY AN EXPIRATION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER HE OR SHE IS TO SUCCEED. THE COMMISSION SHALL HOLD NO LESS THAN TWO MEETINGS ANNUALLY, BUT MAY MEET AT ANY TIME. THE CHAIRMAN OR ANY SEVEN MEMBERS MAY CALL A MEETING. II. EACH MEMBER SHALL RECEIVE TWO HUNDRED DOLLARS PER DAY FOR EACH DAY SUCH MEMBER IS PRESENT AT A COMMISSION HEARING OR MEETING, AND SHALL BE A. 5827 3 ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN CONNECTION THEREWITH. III. THE COMMISSION SHALL SELECT ONE OF ITS MEMBERS AS A CHAIRMAN, AND SHALL MAINTAIN A PERMANENT OFFICE IN ALBANY IN SUCH SUITABLE SPACE AS THE COMMISSIONER OF THE DEPARTMENT OF STATE PROVIDES. ALL PAPERS REQUIRED TO BE FILED WITH OR SERVED UPON THE COMMISSION SHALL BE DELIV- ERED TO SUCH OFFICE. IV. THE COMMISSION SHALL, SUBJECT TO THE CIVIL SERVICE LAW, EMPLOY SUCH EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. THE COMMISSION MAY ENTER INTO SUCH CONTRACTUAL AGREEMENTS AS MAY BE NECESSARY FOR THE DISCHARGE OF ITS DUTIES, WITHIN THE LIMITS OF ITS APPROPRIATED FUNDS AND IN ACCORDANCE WITH ESTABLISHED PROCEDURES. V. THE COMMISSION SHALL: (A) FURNISH TO ANY AGENCY ADVISORY GUIDELINES, OPINIONS OR OTHER APPROPRIATE INFORMATION REGARDING THIS ARTICLE; (B) FURNISH TO ANY PERSON ADVISORY OPINIONS OR OTHER APPROPRIATE INFORMATION REGARDING THIS ARTICLE; (C) PROMULGATE RULES AND REGULATIONS WITH RESPECT TO THE IMPLEMENTA- TION OF SUBDIVISION ONE AND PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION EIGHTY-SEVEN OF THIS ARTICLE; (D) REQUEST FROM ANY AGENCY SUCH ASSISTANCE, SERVICES AND INFORMATION AS WILL ENABLE THE COMMISSION TO EFFECTIVELY CARRY OUT ITS POWERS AND DUTIES; (E) DEVELOP A FORM, WHICH SHALL BE MADE AVAILABLE ON THE INTERNET, THAT MAY BE USED BY THE PUBLIC TO REQUEST A RECORD; AND (F) REPORT ON ITS ACTIVITIES AND FINDINGS REGARDING THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER, INCLUDING RECOMMENDATIONS FOR CHANGES IN THE LAW, TO THE GOVERNOR AND THE LEGISLATURE ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH. (B) I. ANY PERSON DENIED THE RIGHT TO INSPECT OR COPY RECORDS, DENIED THE RIGHT TO ATTEND ANY MEETING OF A PUBLIC AGENCY OR DENIED ANY OTHER RIGHT CONFERRED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER MAY APPEAL THEREFROM TO THE COMMISSION BY FILING A NOTICE OF APPEAL WITH THE COMMISSION. A NOTICE OF APPEAL SHALL BE FILED NOT LATER THAN THIRTY DAYS AFTER SUCH DENIAL, EXCEPT IN THE CASE OF AN UNNOTICED OR SECRET MEETING, IN WHICH CASE THE APPEAL SHALL BE FILED NOT LATER THAN THIRTY DAYS AFTER THE PERSON FILING THE APPEAL RECEIVES NOTICE IN FACT THAT SUCH MEETING WAS HELD. FOR PURPOSES OF THIS PARAGRAPH, SUCH NOTICE OF APPEAL SHALL BE DEEMED TO BE FILED ON THE DATE IT IS RECEIVED BY SAID COMMISSION OR ON THE DATE IT IS POSTMARKED, IF RECEIVED MORE THAN THIRTY DAYS AFTER THE DATE OF THE DENIAL FROM WHICH SUCH APPEAL IS TAKEN. II. UPON RECEIPT OF SUCH NOTICE, THE COMMISSION SHALL SERVE UPON ALL PARTIES, BY CERTIFIED OR REGISTERED MAIL, A COPY OF SUCH NOTICE TOGETHER WITH ANY OTHER NOTICE OR ORDER OF SUCH COMMISSION. IN THE CASE OF THE DENIAL OF A REQUEST TO INSPECT OR COPY RECORDS CONTAINED IN A PUBLIC EMPLOYEE'S PERSONNEL OR MEDICAL FILE, THE COMMISSION SHALL INCLUDE WITH ITS NOTICE OR ORDER AN ORDER REQUIRING THE PUBLIC AGENCY TO NOTIFY ANY EMPLOYEE WHOSE RECORDS ARE SUBJECT OF AN APPEAL, AND THE EMPLOYEE'S COLLECTIVE BARGAINING REPRESENTATIVE, IF ANY, OF THE COMMISSION'S PROCEEDINGS AND, IF ANY SUCH EMPLOYEE OR COLLECTIVE BARGAINING REPRESEN- TATIVE HAS FILED AN OBJECTION, THE AGENCY SHALL PROVIDE THE REQUIRED NOTICE TO SUCH EMPLOYEE AND COLLECTIVE BARGAINING REPRESENTATIVE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR BY HAND DELIVERY WITH A SIGNED RECEIPT. A PUBLIC EMPLOYEE WHOSE PERSONNEL OR MEDICAL FILE IS THE SUBJECT OF AN APPEAL MAY INTERVENE AS A PARTY IN THE PROCEEDINGS ON THE MATTER BEFORE THE COMMISSION. A. 5827 4 (C) I. THE COMMISSION SHALL, AFTER DUE NOTICE TO THE PARTIES AND SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER, PROMPTLY REVIEW THE ALLEGED VIOLATION OF SAID ARTICLES. THE COMMISSION SHALL HAVE THE POWER TO INVESTIGATE ALL ALLEGED VIOLATIONS OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER AND MAY FOR THE PURPOSE OF INVESTIGATING ANY VIOLATION HOLD A HEARING, ADMINISTER OATHS, EXAMINE WITNESSES, RECEIVE ORAL AND DOCUMENTARY EVIDENCE, HAVE THE POWER TO SUBPOENA WITNESSES UNDER PROCEDURAL RULES ADOPTED BY THE COMMISSION TO COMPEL ATTENDANCE AND TO REQUIRE THE PRODUCTION FOR EXAMINATION OF ANY BOOKS AND PAPERS WHICH THE COMMISSION DEEMS RELEVANT IN ANY MATTER UNDER INVESTIGATION OR IN QUESTION. IN CASE OF A REFUSAL TO COMPLY WITH ANY SUCH SUBPOENA OR TO TESTIFY WITH RESPECT TO ANY MATTER UPON WHICH THAT PERSON MAY BE LAWFULLY INTERROGATED, A COURT OF COMPETENT JURISDICTION, ON APPLICATION OF THE COMMISSION, MAY ISSUE AN ORDER REQUIRING SUCH PERSON TO COMPLY WITH SUCH SUBPOENA AND TO TESTIFY; FAILURE TO OBEY ANY SUCH ORDER OF THE COURT MAY BE PUNISHED BY THE COURT AS A CONTEMPT THER- EOF. II. THE COMMISSION SHALL HEAR AND DECIDE EACH APPEAL WITHIN ONE YEAR AFTER THE FILING OF THE NOTICE OF APPEAL. THE COMMISSION SHALL ADOPT REGULATIONS ESTABLISHING CRITERIA FOR THOSE APPEALS WHICH SHALL BE PRIV- ILEGED IN THEIR ASSIGNMENT FOR HEARING. ANY SUCH PRIVILEGED APPEAL SHALL BE HEARD NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF A NOTICE OF APPEAL AND DECIDED NOT LATER THAN SIXTY DAYS AFTER A HEARING. III. IF A NOTICE OF APPEAL CONCERNS AN ANNOUNCED AGENCY DECISION TO MEET IN EXECUTIVE SESSION OR AN ONGOING AGENCY PRACTICE OF MEETING IN EXECUTIVE SESSIONS, FOR A STATED PURPOSE, THE COMMISSION OR A MEMBER OR MEMBERS OF THE COMMISSION DESIGNATED BY ITS CHAIRPERSON SHALL SERVE NOTICE UPON THE PARTIES AND HOLD A PRELIMINARY HEARING ON THE APPEAL NOT LATER THAN SEVENTY-TWO HOURS AFTER RECEIPT OF THE NOTICE, PROVIDED SUCH NOTICE SHALL BE GIVEN TO THE PARTIES AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH HEARING. DURING SUCH PRELIMINARY HEARING, THE COMMISSION SHALL TAKE EVIDENCE AND RECEIVE TESTIMONY FROM THE PARTIES. IF AFTER THE PRELIMI- NARY HEARING THE COMMISSION FINDS PROBABLE CAUSE TO BELIEVE THAT THE AGENCY DECISION OR PRACTICE IS IN VIOLATION OF ARTICLE SEVEN OF THIS CHAPTER, THE AGENCY SHALL NOT MEET IN EXECUTIVE SESSION FOR SUCH PURPOSE UNTIL THE COMMISSION DECIDES THE APPEAL. IF PROBABLE CAUSE IS FOUND BY THE COMMISSION, IT SHALL CONDUCT A FINAL HEARING ON THE APPEAL AND RENDER ITS DECISION NOT LATER THAN FIVE DAYS AFTER THE COMPLETION OF THE PRELIMINARY HEARING. SUCH DECISION SHALL SPECIFY THE COMMISSION'S FIND- INGS OF FACT AND CONCLUSIONS OF LAW. IV. THE COMMISSION, AT ITS DISCRETION, MAY ISSUE AN ORDER TO DISCON- TINUE ALL WORK RESULTING FROM AN ALLEGED VIOLATION OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER IF IRREPARABLE HARM IS DEEMED TO POTEN- TIALLY OCCUR. THIS ORDER WILL HOLD UNTIL A DECISION IS RENDERED BY THE COMMISSION ON THE ALLEGED VIOLATION. (D) I. IN ANY APPEAL TO THE COMMISSION, THE COMMISSION MAY CONFIRM THE ACTION OF THE AGENCY OR ORDER THE AGENCY TO PROVIDE RELIEF THAT THE COMMISSION, IN ITS DISCRETION, BELIEVES APPROPRIATE TO RECTIFY THE DENIAL OF ANY RIGHT CONFERRED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER. THE COMMISSION MAY DECLARE NULL AND VOID ANY ACTION TAKEN AT ANY MEETING WHICH A PERSON WAS DENIED THE RIGHT TO ATTEND AND MAY REQUIRE THE PRODUCTION OR COPYING OF ANY PUBLIC RECORD. IN ADDITION, UPON FINDING THAT A DENIAL OF ANY RIGHT CREATED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER WAS WITHOUT REASONABLE GROUNDS AND AFTER THE CUSTODIAN OR OTHER OFFICIAL DIRECTLY RESPONSIBLE FOR THE DENIAL HAS BEEN GIVEN AN OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED IN ACCORD- A. 5827 5 ANCE WITH ARTICLE SEVEN OF THIS CHAPTER THE COMMISSION MAY, IN ITS DISCRETION, IMPOSE AGAINST THE CUSTODIAN OR OTHER OFFICIAL A CIVIL PENALTY OF NOT LESS THAN TWENTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS. II. IF THE COMMISSION FINDS THAT A PERSON HAS TAKEN AN APPEAL FRIVO- LOUSLY, WITHOUT REASONABLE GROUNDS, AFTER SUCH PERSON HAS BEEN GIVEN AN OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED IN ACCORDANCE WITH ARTI- CLE SEVEN OF THIS CHAPTER, THE COMMISSION MAY, IN ITS DISCRETION, IMPOSE AGAINST THAT PERSON A CIVIL PENALTY OF NOT LESS THAN TWENTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS. III. THE COMMISSION SHALL NOTIFY A PERSON OF A PENALTY LEVIED AGAINST HIM PURSUANT TO THIS SUBDIVISION BY WRITTEN NOTICE SENT BY CERTIFIED OR REGISTERED MAIL. IF A PERSON FAILS TO PAY THE PENALTY WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE, A COURT OF COMPETENT JURISDICTION SHALL, ON APPLICATION OF THE COMMISSION, ISSUE AN ORDER REQUIRING THE PERSON TO PAY THE PENALTY IMPOSED. IV. IF THE CHAIRMAN OF THE COMMISSION HAS REASON TO BELIEVE AN APPEAL PRESENTS A CLAIM BEYOND THE COMMISSION'S JURISDICTION; WOULD PERPETRATE AN INJUSTICE; OR WOULD CONSTITUTE AN ABUSE OF THE COMMISSION'S ADMINIS- TRATIVE PROCESS, THE CHAIRMAN SHALL NOT SCHEDULE THE APPEAL FOR A HEAR- ING WITHOUT FIRST SEEKING AND OBTAINING LEAVE OF THE COMMISSION. V. THE COMMISSION SHALL PROVIDE DUE NOTICE TO THE PARTIES AND REVIEW AFFIDAVITS AND WRITTEN ARGUMENTS THAT THE PARTIES MAY SUBMIT AND GRANT OR DENY SUCH LEAVE SUMMARILY AT ITS NEXT REGULAR MEETING. THE COMMISSION SHALL GRANT SUCH LEAVE UNLESS IT FINDS THAT THE APPEAL: (A) DOES NOT PRESENT A CLAIM WITHIN THE COMMISSION'S JURISDICTION; (B) WOULD PERPE- TRATE AN INJUSTICE; OR (C) WOULD CONSTITUTE AN ABUSE OF THE COMMISSION'S ADMINISTRATIVE PROCESS. ANY PARTY AGGRIEVED BY THE COMMISSION'S DENIAL OF SUCH LEAVE MAY APPLY TO A COURT OF COMPETENT JURISDICTION, WITHIN FIFTEEN DAYS OF THE COMMISSION MEETING AT WHICH SUCH LEAVE WAS DENIED, FOR AN ORDER REQUIRING THE COMMISSION TO HEAR SUCH APPEAL. VI. IN MAKING THE FINDINGS AND DETERMINATION, THE COMMISSION SHALL CONSIDER THE NATURE OF ANY JUSTICE OR ABUSE OF ADMINISTRATIVE PROCESS, INCLUDING BUT NOT LIMITED TO: (A) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER OF THE REQUEST OR THE APPEAL; (B) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER TO PRIOR OR CONTEMPORANEOUS REQUESTS OR APPEALS BY THE PERSON MAKING THE REQUEST OR TAKING THE APPEAL; AND (C) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER OF OTHER VERBAL AND WRITTEN COMMUNICATIONS TO ANY AGENCY OR ANY OFFICIAL OF ANY AGENCY FROM THE PERSON MAKING THE REQUEST OR TAKING THE APPEAL. VII. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN THE CASE OF AN APPEAL TO THE COMMISSION OF A DENIAL BY A PUBLIC AGENCY, THE COMMISSION MAY, UPON MOTION OF SUCH AGENCY, CONFIRM THE ACTION OF THE AGENCY AND DISMISS THE APPEAL WITHOUT A HEARING IF IT FINDS, AFTER EXAMINING THE NOTICE OF APPEAL AND CONSTRUING ALL ALLEGATIONS MOST FAVORABLY TO THE APPELLANT, THAT (A) THE AGENCY HAS NOT VIOLATED THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER OR (B) THE AGENCY HAS COMMIT- TED A TECHNICAL VIOLATION THAT CONSTITUTES A HARMLESS ERROR THAT DOES NOT INFRINGE THE APPELLANT'S RIGHTS. (E) I. IF IN THE JUDGMENT OF THE COMMISSION CIRCUMSTANCES SO WARRANT, IT MAY AT ANY TIME AFTER THE FILING OF A NOTICE OF APPEAL ENDEAVOR TO RESOLVE THE APPEAL BY ANY METHOD OF DISPUTE RESOLUTION PRESCRIBED BY RULE OF THE COMMISSION INCLUDING, BUT NOT LIMITED TO, MEDIATION. II. THE TERMS OF ANY MEDIATION AGREEMENT MAY CONTAIN SUCH PROVISIONS AS MAY BE AGREED UPON BY THE COMMISSION, THE APPELLANT AND THE RESPOND- ENT. A. 5827 6 III. THE MEMBERS OF THE COMMISSION AND ITS STAFF SHALL NOT PUBLICLY DISCLOSE WHAT TRANSPIRED IN THE COURSE OF MEDIATION EFFORTS. IV. IF A MEDIATION AGREEMENT IS ENTERED INTO, THE COMMISSION SHALL EMBODY SUCH AGREEMENT IN AN ORDER AND SERVE A COPY OF SUCH ORDER UPON ALL PARTIES TO THE AGREEMENT. VIOLATION OF SUCH AN ORDER MAY CAUSE THE IMPOSITION OF CIVIL PENALTIES. (F) ANY PARTY AGGRIEVED BY THE DECISION OF SAID COMMISSION MAY APPEAL TO THE JUDICIARY THEREFROM, THE COURT MAY CONDUCT AN IN CAMERA REVIEW OF THE ORIGINAL OR A CERTIFIED COPY OF THE RECORDS WHICH ARE AT ISSUE IN THE APPEAL BUT WERE NOT INCLUDED IN THE RECORD OF THE COMMISSION'S PROCEEDINGS, ADMIT THE RECORDS INTO EVIDENCE AND ORDER THE RECORDS TO BE SEALED OR INSPECTED ON SUCH TERMS AS THE COURT DEEMS FAIR AND APPROPRI- ATE, DURING THE APPEAL. THE COMMISSION SHALL HAVE STANDING TO DEFEND, PROSECUTE OR OTHERWISE PARTICIPATE IN ANY APPEAL OF ANY OF ITS DECISIONS AND TO TAKE AN APPEAL FROM ANY JUDICIAL DECISION OVERTURNING OR MODIFY- ING A DECISION OF THE COMMISSION. IF AGGRIEVEMENT IS A JURISDICTIONAL PREREQUISITE TO THE COMMISSION TAKING ANY SUCH APPEAL, THE COMMISSION SHALL BE DEEMED TO BE AGGRIEVED. LEGAL COUNSEL EMPLOYED OR RETAINED BY SAID COMMISSION SHALL REPRESENT SAID COMMISSION IN ALL SUCH APPEALS AND IN ANY OTHER LITIGATION AFFECTING SAID COMMISSION. ANY APPEAL TAKEN PURSUANT TO THIS SECTION SHALL BE PRIVILEGED IN RESPECT TO ITS ASSIGN- MENT FOR TRIAL OVER ALL OTHER ACTIONS EXCEPT WRITS OF HABEAS CORPUS AND ACTIONS BROUGHT BY OR ON BEHALF OF THE STATE, INCLUDING INFORMATION ON THE RELATION OF PRIVATE INDIVIDUALS. IF THE COURT FINDS THAT ANY APPEAL TAKEN PURSUANT TO THIS SECTION IS FRIVOLOUS OR TAKEN SOLELY FOR THE PURPOSE OF DELAY, IT SHALL ORDER THE PARTY RESPONSIBLE THEREFOR TO PAY TO THE PARTY INJURED BY SUCH FRIVOLOUS OR DILATORY APPEAL COSTS OR ATTORNEY'S FEES OF NOT MORE THAN ONE THOUSAND DOLLARS. SUCH ORDER SHALL BE IN ADDITION TO ANY OTHER REMEDY OR DISCIPLINARY ACTION REQUIRED OR PERMITTED BY STATUTE OR BY RULES OF COURT. S 3. Paragraphs (b) of subdivision 3 and subdivision 4 of section 89 of the public officers law, paragraph (b) of subdivision 3 as amended by chapter 223 of the laws of 2008 and subdivision 4 as amended by chapter 22 of the laws of 2005 and paragraph (c) of subdivision 4 as amended by chapter 492 of the laws of 2006, are amended to read as follows: (b) All entities shall, provided such entity has reasonable means available, accept requests for records submitted in the form of elec- tronic mail and shall respond to such requests by electronic mail, using forms, to the extent practicable, consistent with the form or forms developed by the [committee on open government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION pursuant to subdivision one of this section and provided that the written requests do not seek a response in some other form. 4. (a) Except as provided in subdivision five of this section, any person denied access to a record may within thirty days appeal in writ- ing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought. In addition, each agency shall immediately forward to the [committee on open government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION a copy of such appeal when received by the agency and the ensuing determi- nation thereon. Failure by an agency to conform to the provisions of subdivision three of this section shall constitute a denial. A. 5827 7 (b) Except as provided in subdivision five of this section, a person denied access to a record in an appeal determination under the provisions of paragraph (a) of this subdivision may [bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules. In the event that access to any record is denied pursuant to the provisions of subdivision two of section eighty-seven of this article, the agency involved shall have the burden of proving that such record falls within the provisions of such subdivision two. Failure by an agency to conform to the provisions of paragraph (a) of this subdivision shall constitute a denial. (c) The court in such a proceeding may assess, against such agency involved, reasonable attorney's fees and other litigation costs reason- ably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, when: i. the agency had no reasonable basis for denying access; or ii. the agency failed to respond to a request or appeal within the statutory time] APPEAL TO THE FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION PURSUANT TO SUBDIVISION ONE OF THIS SECTION. S 4. Section 107 of the public officers law, as added by chapter 511 of the laws of 1976, subdivision 1 as amended by chapter 44 of the laws of 2010 and subdivision 2 as amended by chapter 397 of the laws of 2008 and such section as renumbered by chapter 652 of the laws of 1983, is amended to read as follows: S 107. Enforcement. [1.] Any aggrieved person shall have standing to enforce the provisions of this article against a public body by the commencement of [a proceeding pursuant to article seventy-eight of the civil practice law and rules, or an action for declaratory judgment and injunctive relief. In any such action or proceeding, if a court deter- mines that a public body failed to comply with this article, the court shall have the power, in its discretion, upon good cause shown, to declare that the public body violated this article and/or declare the action taken in relation to such violation void, in whole or in part, without prejudice to reconsideration in compliance with this article. If the court determines that a public body has violated this article, the court may require the members of the public body to participate in a training session concerning the obligations imposed by this article conducted by the staff of the committee on open government. An unintentional failure to fully comply with the notice provisions required by this article shall not alone be grounds for invalidating any action taken at a meeting of a public body. The provisions of this arti- cle shall not affect the validity of the authorization, acquisition, execution or disposition of a bond issue or notes. 2. In any proceeding brought pursuant to this section, costs and reasonable attorney fees may be awarded by the court, in its discretion, to the successful party. If a court determines that a vote was taken in material violation of this article, or that substantial deliberations relating thereto occurred in private prior to such vote, the court shall award costs and reasonable attorney's fees to the successful petitioner, unless there was a reasonable basis for a public body to believe that a closed session could properly have been held. 3. The statute of limitations in an article seventy-eight proceeding with respect to an action taken at executive session shall commence to run from the date the minutes of such executive session have been made available to the public] AN APPEAL TO THE FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION PURSUANT TO SECTION EIGHTY-NINE OF THIS CHAPTER. A. 5827 8 S 5. Section 109 of the public officers law, as amended by chapter 80 of the laws of 1983, such section as renumbered by chapter 652 of the laws of 1983, is amended to read as follows: S 109. [Committee on open government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION. The [committee on open government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION, created by paragraph (a) of subdivision one of section eighty-nine of this chapter, shall issue advisory opinions from time to time as, in its discretion, may be required to inform public bodies and persons of the interpretations of the provisions of the open meetings law. S 6. Paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1, paragraph (c) of subdivision 3, and paragraph (c) of subdivision 4 of section 87 of the public officers law, paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1 as amended by chapter 80 of the laws of 1983, paragraph (c) of subdivision 3 as amended by chapter 499 of the laws of 2008, and paragraph (c) of subdi- vision 4 as added by chapter 102 of the laws of 2007, are amended to read as follows: (a) Within sixty days after the effective date of this article, the governing body of each public corporation shall promulgate uniform rules and regulations for all agencies in such public corporation pursuant to such general rules and regulations as may be promulgated by the [commit- tee on open government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMIS- SION PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE in conformity with the provisions of this article, pertaining to the administration of this article. Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the [commit- tee on open government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMIS- SION PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to: (c) a reasonably detailed current list by subject matter of all records in the possession of the agency, whether or not available under this article. Each agency shall update its subject matter list annually, and the date of the most recent update shall be conspicuously indicated on the list. Each state agency as defined in subdivision four of this section that maintains a website shall post its current list on its website and such posting shall be linked to the website of the [commit- tee on open government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMIS- SION PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. Any such agency that does not maintain a website shall arrange to have its list posted on the website of the [committee on open government] FREEDOM OF INFORMA- TION AND OPEN MEETINGS COMMISSION PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. (c) Each state agency that maintains a website shall post information related to this article and article six-A of this chapter on its website. Such information shall include, at a minimum, contact informa- tion for the persons from whom records of the agency may be obtained, the times and places such records are available for inspection and copy- ing, and information on how to request records in person, by mail, and, if the agency accepts requests for records electronically, by e-mail. This posting shall be linked to the website of the [committee on open A. 5827 9 government] FREEDOM OF INFORMATION AND OPEN MEETINGS COMMISSION PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. S 7. Subdivision 2 of section 92 of the public officers law, as added by chapter 652 of the laws of 1983, is amended to read as follows: (2) [Committee] COMMISSION. The term ["committee"] "COMMISSION" means the [committee on open government] FREEDOM OF INFORMATION AND OPEN MEET- INGS COMMISSION as constituted pursuant to subdivision one of section eighty-nine of this chapter. S 8. Section 93 of the public officers law, as added by chapter 652 of the laws of 1983, is amended to read as follows: S 93. Powers and duties of the [committee] COMMISSION. (1) The [committee] COMMISSION shall prepare a directory derived from the infor- mation provided pursuant to section three of chapter six hundred seven- ty-seven of the laws of nineteen hundred eighty and subdivision four of section ninety-four of this article. The directory shall include the name of each system of records subject to the provisions of this arti- cle, the name and subdivision of the agency maintaining it, the title and business address of the person responsible therefor, the approximate number of data subjects and the categories of information collected, and sufficient information for the identification of rules promulgated by agencies pursuant to this article. Individuals shall be permitted to purchase the directory for a reasonable price as set by the [committee] COMMISSION in accordance with law. (2) The [committee] COMMISSION may, upon request of a data subject eligible to make a request under section ninety-five of this article, investigate, make findings and furnish an advisory opinion in connection with the requirements of section ninety-five of this article. Prior to the issuance of an advisory opinion, the [committee] COMMISSION may require an agency to provide additional information which the [commit- tee] COMMISSION deems necessary to render an opinion. However, no system of records exempt from the [provisons] PROVISIONS of section ninety-five of this article shall be subject to the provisions of this subdivision. (3) Within thirty business days of the receipt of a privacy impact statement or supplemental statement by an agency the [committee] COMMIS- SION shall review such statement to determine whether the maintenance of the system is within the lawful authority of the agency and to determine whether there have been established rules and procedures as required by section ninety-four of this article. However, such review by the [committee] COMMISSION shall not include examination of personal infor- mation or records collected or maintained by such agency. After review of such information the [committee] COMMISSION may notify the agency of the result of its review. Such notification and result shall not consti- tute an advisory opinion and shall not be reported as such by the [committee] COMMISSION and there shall be no obligation upon the agency to respond to such notification or result. (4) The [committee] COMMISSION shall promulgate rules for the specifi- cation of the form of the privacy impact statement. Such privacy impact statement shall include the following: (a) the name of the agency and the subdivision within the agency that will maintain the system of records, and the name or title of the system of records in which such information will be maintained; (b) the title and business address of the official within the agency responsible for the system of records; (c) where applicable, the procedures by which a data subject may gain access to personal information pertaining to such data subject in the A. 5827 10 system of records and the procedures by which a data subject may seek to amend or correct its contents; (d) the categories and the approximate number of persons on whom records will be maintained in the system of records; (e) the categories of information which will be collected and main- tained in the system of records; (f) the purposes for which each category of information within the system of records will be collected and maintained; (g) the disclosures of personal information within the system of records that the agency will regularly make for each category of infor- mation, and the authority for such disclosures; (h) the general or specific statutory authority for the collection, maintenance and disclosure of each category of information within the system of records; (i) policies governing retention and timely disposal of information within the system of records in accordance with law; (j) each and every source for each category of information within the system of records; (k) a statement indicating whether the system of records will be main- tained manually, by automated data system, or both. (5) The [committee] COMMISSION shall report its activities and find- ings, including recommendations for changes in the law, to the governor and the legislature annually, on or before December fifteenth. (6) In order to carry out the provisions of this article, the [commit- tee] COMMISSION is authorized to: (a) enter into contracts or other arrangements or modifications there- of, with any government, any governmental unit, or any department of the state, or with any individual, firm, association or corporation within the amounts appropriated therefor and subject to the audit and warrant of the state comptroller; (b) delegate any of its functions to such officers and employees of the [committee] COMMISSION as the [committee] COMMISSION may designate; (c) establish model guidelines with respect to the implementation of this article. S 9. Subdivisions 4, 5 and 6 of section 94 of the public officers law, as added by chapter 652 of the laws of 1983, are amended to read as follows: (4) (a) Any agency which established or substantially modified a system of records after December fifteenth, nineteen hundred eighty, but before the effective date of this article, or which did not report to the [committee] COMMISSION a system of records which it maintained prior to December fifteenth, nineteen hundred eighty, shall file notice with the [committee] COMMISSION pursuant to chapter six hundred seventy-seven of the laws of nineteen hundred eighty within thirty business days of the effective date of this article. (b) Any agency which seeks to establish a system of records subsequent to the effective date of this article shall file with the [committee] COMMISSION a privacy impact statement as prescribed by subdivision four of section ninety-three of this article. Any agency which seeks to modi- fy a system of records in a way which would render inaccurate any infor- mation set forth in the privacy impact statement, in the notice described in paragraph (a) of this subdivision or in the notice filed pursuant to chapter six hundred seventy-seven of the laws of nineteen hundred eighty, shall file with the [committee] COMMISSION a supple- mental statement to conform the privacy impact statement or notice to the proposed modification. Unless the date by which such proposed system A. 5827 11 or modification is required by law to be instituted is less than thirty business days from the date of the filing of the privacy impact state- ment, no such proposed system or modification shall be instituted until the completion of the procedures set forth in subdivision three of section ninety-three of this article. (5) Each agency shall, within fifteen business days of the receipt of an advisory opinion issued by the [committee] COMMISSION, respond in writing to the [committee] COMMISSION as to the following: (a) the actions it has taken, or will take, to comply with the advi- sory opinion; or (b) the reasons for disagreement and noncompliance with the advisory opinion. (6) On or before the first day of September of each year, each agency shall submit a report covering the preceding year to the [committee] COMMISSION. The report shall include, with respect to requests for access to records and with respect to requests for correction or amend- ment of records pursuant to subdivisions one and two of section ninety- five of this article, respectively, the following information: (i) the number of determinations made to grant such requests; and (ii) the number of determinations made to deny such requests, in whole or in part, respectively. S 10. Paragraph (d) of subdivision 1 and subdivision 3 of section 95 of the public officers law, paragraph (d) of subdivision 1 as added by chapter 27 of the laws of 2009 and subdivision 3 as added by chapter 652 of the laws of 1983, are amended to read as follows: (d) Each agency shall, provided such agency has reasonable means available, accept requests for records submitted through electronic mail and shall respond to such requests by electronic mail, using forms, to the extent practicable, consistent with the form or forms developed by the [committee on open government] COMMISSION, provided that the elec- tronic mail requests do not seek a response in some other form. (3) Any data subject whose request under subdivision one or two of this section is denied in whole or in part may, within thirty business days, appeal such denial in writing to the head, chief executive or governing body of the agency, or the person designated as the reviewing official by such head, chief executive or governing body. Such official shall within seven business days of the receipt of an appeal concerning denial of access, or within thirty business days of the receipt of an appeal concerning denial of correction or amendment, either provide access to or correction or amendment of the record sought and inform the data subject that, upon his or her request, such correction or amendment will be provided to any or all persons or governmental units to which the record or personal information has been or is disclosed, pursuant to paragraph (c) of subdivision three of section ninety-four of this arti- cle, or fully explain in writing to the data subject the factual and statutory reasons for further denial and inform the data subject of his or her right to thereupon seek judicial review of the agency's determi- nation under section ninety-seven of this article. Each agency shall immediately forward to the [committee] COMMISSION a copy of such appeal, the determination thereof and the reasons therefor. S 11. Paragraph 2 of subdivision (d) of section 103 of the public officers law, as added by chapter 43 of the laws of 2010, is amended to read as follows: 2. A public body may adopt rules, consistent with recommendations from the [committee on open government] FREEDOM OF INFORMATION AND OPEN MEET- INGS COMMISSION, reasonably governing the location of equipment and A. 5827 12 personnel used to photograph, broadcast, webcast, or otherwise record a meeting so as to conduct its proceedings in an orderly manner. Such rules shall be conspicuously posted during meetings and written copies shall be provided upon request to those in attendance. S 12. This act shall take effect on the sixtieth day after it shall have become a law.
Co-Sponsors
Richard Gottfried
Michael Blake
Fred Thiele
Walter T. Mosley
- view additional co-sponsors
Kenneth Zebrowski
Al Graf
Andrew Raia
Victor M. Pichardo
Steven McLaughlin
Kevin Cahill
Multi-Sponsors
Clifford Crouch
Peter Lawrence
Jo Anne Simon
A5827A - Details
A5827A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5827--A 2015-2016 Regular Sessions I N A S S E M B L Y March 5, 2015 ___________ Introduced by M. of A. SKOUFIS, GOTTFRIED, BLAKE, THIELE, MOSLEY, ZEBROWSKI, GRAF, RAIA -- Multi-Sponsored by -- M. of A. CROUCH, SIMON -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law, in relation to enacting the integrity in government act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "integrity in government act". S 2. Paragraph (a) of subdivision 1 of section 89 of the public offi- cers law, as amended by chapter 33 of the laws of 1984, is amended and six new paragraphs (c), (d), (e), (f), (g) and (h) are added to read as follows: (a) The committee on open government is continued and shall consist of the lieutenant governor or the delegate of such officer, the secretary of state or the delegate of such officer, whose office shall act as secretariat for the committee, the commissioner of the office of general services or the delegate of such officer, the director of the budget or the delegate of such officer, and seven other persons, none of whom shall hold any other state or local public office except the represen- tative of local governments as set forth herein, to be appointed as follows: five by the governor, at least two of whom are or have been representatives of the news media, one of whom shall be a representative of local government who, at the time of appointment, is serving as a duly elected officer of a local government, one by the temporary presi- dent of the senate, and one by the speaker of the assembly. The persons appointed by the temporary president of the senate and the speaker of the assembly shall be appointed to serve, respectively, until the expi- ration of the terms of office of the temporary president and the speaker EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09242-10-5
A. 5827--A 2 to which the temporary president and speaker were elected. The four persons presently serving by appointment of the governor for fixed terms shall continue to serve until the expiration of their respective terms. Thereafter, their respective successors shall be appointed for terms of four years. The member representing local government shall be appointed for a term of four years, so long as such member shall remain a duly elected officer of a local government. The committee shall hold no less than two meetings annually, but may meet at any time. The members of the committee shall be entitled to reimbursement for actual expenses incurred in the discharge of their duties. THE EXECUTIVE DIRECTOR OF THE COMMITTEE SHALL MAINTAIN A PERMANENT OFFICE IN ALBANY IN SUCH SUIT- ABLE SPACE AS THE COMMISSIONER OF THE DEPARTMENT OF STATE PROVIDES. ALL PAPERS REQUIRED TO BE FILED WITH OR SERVED UPON THE COMMITTEE SHALL BE DELIVERED TO SUCH OFFICE. EACH MEMBER SHALL RECEIVE TWO HUNDRED DOLLARS PER DAY FOR EACH DAY SUCH MEMBER IS PRESENT AT A COMMITTEE HEARING OR MEETING, AND SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN CONNECTION THEREWITH. (C) THE COMMITTEE SHALL, SUBJECT TO THE CIVIL SERVICE LAW, EMPLOY SUCH EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. THE COMMITTEE MAY ENTER INTO SUCH CONTRACTUAL AGREEMENTS AS MAY BE NECESSARY FOR THE DISCHARGE OF ITS DUTIES, WITHIN THE LIMITS OF ITS APPROPRIATED FUNDS AND IN ACCORDANCE WITH ESTABLISHED PROCEDURES. (D) I. ANY PERSON DENIED THE RIGHT TO INSPECT OR COPY RECORDS, DENIED THE RIGHT TO ATTEND ANY MEETING OF A PUBLIC AGENCY OR DENIED ANY OTHER RIGHT CONFERRED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER MAY APPEAL THEREFROM TO THE COMMITTEE BY FILING A NOTICE OF APPEAL WITH THE COMMITTEE. A NOTICE OF APPEAL SHALL BE FILED NOT LATER THAN THIRTY DAYS AFTER SUCH DENIAL, EXCEPT IN THE CASE OF AN UNNOTICED OR SECRET MEETING, IN WHICH CASE THE APPEAL SHALL BE FILED NOT LATER THAN THIRTY DAYS AFTER THE PERSON FILING THE APPEAL RECEIVES NOTICE IN FACT THAT SUCH MEETING WAS HELD. FOR PURPOSES OF THIS PARAGRAPH, SUCH NOTICE OF APPEAL SHALL BE DEEMED TO BE FILED ON THE DATE IT IS RECEIVED BY SAID COMMITTEE OR ON THE DATE IT IS POSTMARKED, IF RECEIVED MORE THAN THIRTY DAYS AFTER THE DATE OF THE DENIAL FROM WHICH SUCH APPEAL IS TAKEN. II. UPON RECEIPT OF SUCH NOTICE, THE COMMITTEE SHALL SERVE UPON ALL PARTIES, BY CERTIFIED OR REGISTERED MAIL, A COPY OF SUCH NOTICE TOGETHER WITH ANY OTHER NOTICE OR ORDER OF SUCH COMMITTEE. IN THE CASE OF THE DENIAL OF A REQUEST TO INSPECT OR COPY RECORDS CONTAINED IN A PUBLIC EMPLOYEE'S PERSONNEL OR MEDICAL FILE, THE COMMITTEE SHALL INCLUDE WITH ITS NOTICE OR ORDER AN ORDER REQUIRING THE PUBLIC AGENCY TO NOTIFY ANY EMPLOYEE WHOSE RECORDS ARE SUBJECT OF AN APPEAL, AND THE EMPLOYEE'S COLLECTIVE BARGAINING REPRESENTATIVE, IF ANY, OF THE COMMITTEE'S PROCEEDINGS AND, IF ANY SUCH EMPLOYEE OR COLLECTIVE BARGAINING REPRESEN- TATIVE HAS FILED AN OBJECTION, THE AGENCY SHALL PROVIDE THE REQUIRED NOTICE TO SUCH EMPLOYEE AND COLLECTIVE BARGAINING REPRESENTATIVE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR BY HAND DELIVERY WITH A SIGNED RECEIPT. A PUBLIC EMPLOYEE WHOSE PERSONNEL OR MEDICAL FILE IS THE SUBJECT OF AN APPEAL MAY INTERVENE AS A PARTY IN THE PROCEEDINGS ON THE MATTER BEFORE THE COMMITTEE. (E) I. THE COMMITTEE SHALL, AFTER DUE NOTICE TO THE PARTIES AND SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER, PROMPTLY REVIEW THE ALLEGED VIOLATION OF SAID ARTICLES. THE COMMITTEE SHALL HAVE THE POWER TO INVESTIGATE ALL ALLEGED VIOLATIONS OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER AND MAY FOR THE PURPOSE OF INVESTIGATING ANY VIOLATION HOLD A HEARING, ADMINISTER OATHS, EXAMINE WITNESSES, RECEIVE ORAL AND DOCUMENTARY EVIDENCE, HAVE THE POWER TO A. 5827--A 3 SUBPOENA WITNESSES UNDER PROCEDURAL RULES ADOPTED BY THE COMMITTEE TO COMPEL ATTENDANCE AND TO REQUIRE THE PRODUCTION FOR EXAMINATION OF ANY BOOKS AND PAPERS WHICH THE COMMITTEE DEEMS RELEVANT IN ANY MATTER UNDER INVESTIGATION OR IN QUESTION. IN CASE OF A REFUSAL TO COMPLY WITH ANY SUCH SUBPOENA OR TO TESTIFY WITH RESPECT TO ANY MATTER UPON WHICH THAT PERSON MAY BE LAWFULLY INTERROGATED, A COURT OF COMPETENT JURISDICTION, ON APPLICATION OF THE COMMITTEE, MAY ISSUE AN ORDER REQUIRING SUCH PERSON TO COMPLY WITH SUCH SUBPOENA AND TO TESTIFY; FAILURE TO OBEY ANY SUCH ORDER OF THE COURT MAY BE PUNISHED BY THE COURT AS A CONTEMPT THER- EOF. II. THE COMMITTEE SHALL HEAR AND DECIDE EACH APPEAL WITHIN SIX MONTHS AFTER THE FILING OF THE NOTICE OF APPEAL. THE COMMITTEE SHALL ADOPT REGULATIONS ESTABLISHING CRITERIA FOR THOSE APPEALS WHICH SHALL BE PRIV- ILEGED IN THEIR ASSIGNMENT FOR HEARING. ANY SUCH PRIVILEGED APPEAL SHALL BE HEARD NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF A NOTICE OF APPEAL AND DECIDED NOT LATER THAN SIXTY DAYS AFTER A HEARING. III. IF A NOTICE OF APPEAL CONCERNS AN ANNOUNCED AGENCY DECISION TO MEET IN EXECUTIVE SESSION OR AN ONGOING AGENCY PRACTICE OF MEETING IN EXECUTIVE SESSIONS, FOR A STATED PURPOSE, THE COMMITTEE OR A MEMBER OR MEMBERS OF THE COMMITTEE DESIGNATED BY ITS CHAIRPERSON SHALL SERVE NOTICE UPON THE PARTIES AND HOLD A PRELIMINARY HEARING ON THE APPEAL NOT LATER THAN SEVENTY-TWO HOURS AFTER RECEIPT OF THE NOTICE, PROVIDED SUCH NOTICE SHALL BE GIVEN TO THE PARTIES AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH HEARING. DURING SUCH PRELIMINARY HEARING, THE COMMITTEE SHALL TAKE EVIDENCE AND RECEIVE TESTIMONY FROM THE PARTIES. IF AFTER THE PRELIMI- NARY HEARING THE COMMITTEE FINDS PROBABLE CAUSE TO BELIEVE THAT THE AGENCY DECISION OR PRACTICE IS IN VIOLATION OF ARTICLE SEVEN OF THIS CHAPTER, THE AGENCY SHALL NOT MEET IN EXECUTIVE SESSION FOR SUCH PURPOSE UNTIL THE COMMITTEE DECIDES THE APPEAL. IF PROBABLE CAUSE IS FOUND BY THE COMMITTEE, IT SHALL CONDUCT A FINAL HEARING ON THE APPEAL AND RENDER ITS DECISION NOT LATER THAN FIVE DAYS AFTER THE COMPLETION OF THE PRELIMINARY HEARING. SUCH DECISION SHALL SPECIFY THE COMMITTEE'S FIND- INGS OF FACT AND CONCLUSIONS OF LAW. IV. THE COMMITTEE, AT ITS DISCRETION, MAY ISSUE AN ORDER TO DISCONTIN- UE ALL WORK RESULTING FROM AN ALLEGED VIOLATION OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER IF IRREPARABLE HARM IS DEEMED TO POTEN- TIALLY OCCUR. THIS ORDER WILL HOLD UNTIL A DECISION IS RENDERED BY THE COMMITTEE ON THE ALLEGED VIOLATION. (F) I. IN ANY APPEAL TO THE COMMITTEE, THE COMMITTEE MAY CONFIRM THE ACTION OF THE AGENCY OR ORDER THE AGENCY TO PROVIDE RELIEF THAT THE COMMITTEE, IN ITS DISCRETION, BELIEVES APPROPRIATE TO RECTIFY THE DENIAL OF ANY RIGHT CONFERRED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAP- TER. THE COMMITTEE MAY DECLARE NULL AND VOID ANY ACTION TAKEN AT ANY MEETING WHICH A PERSON WAS DENIED THE RIGHT TO ATTEND AND MAY REQUIRE THE PRODUCTION OR COPYING OF ANY PUBLIC RECORD. IN ADDITION, UPON FIND- ING THAT A DENIAL OF ANY RIGHT CREATED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER WAS WITHOUT REASONABLE GROUNDS AND AFTER THE CUSTODIAN OR OTHER OFFICIAL DIRECTLY RESPONSIBLE FOR THE DENIAL HAS BEEN GIVEN AN OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED IN ACCORDANCE WITH ARTI- CLE SEVEN OF THIS CHAPTER THE COMMITTEE MAY, IN ITS DISCRETION, IMPOSE AGAINST THE CUSTODIAN OR OTHER OFFICIAL A CIVIL PENALTY OF NOT LESS THAN TWENTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS. II. IF THE COMMITTEE FINDS THAT A PERSON HAS TAKEN AN APPEAL FRIVO- LOUSLY, WITHOUT REASONABLE GROUNDS, AFTER SUCH PERSON HAS BEEN GIVEN AN OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED IN ACCORDANCE WITH ARTI- CLE SEVEN OF THIS CHAPTER, THE COMMITTEE MAY, IN ITS DISCRETION, IMPOSE A. 5827--A 4 AGAINST THAT PERSON A CIVIL PENALTY OF NOT LESS THAN TWENTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS. III. THE COMMITTEE SHALL NOTIFY A PERSON OF A PENALTY LEVIED AGAINST HIM PURSUANT TO THIS SUBDIVISION BY WRITTEN NOTICE SENT BY CERTIFIED OR REGISTERED MAIL. IF A PERSON FAILS TO PAY THE PENALTY WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE, A COURT OF COMPETENT JURISDICTION SHALL, ON APPLICATION OF THE COMMITTEE, ISSUE AN ORDER REQUIRING THE PERSON TO PAY THE PENALTY IMPOSED. IV. THE COMMITTEE SHALL PROVIDE DUE NOTICE TO THE PARTIES AND REVIEW AFFIDAVITS AND WRITTEN ARGUMENTS THAT THE PARTIES MAY SUBMIT AND GRANT OR DENY SUCH LEAVE SUMMARILY AT ITS NEXT REGULAR MEETING. THE COMMITTEE SHALL GRANT SUCH LEAVE UNLESS IT FINDS THAT THE APPEAL: (A) DOES NOT PRESENT A CLAIM WITHIN THE COMMITTEE'S JURISDICTION; (B) WOULD PERPE- TRATE AN INJUSTICE; OR (C) WOULD CONSTITUTE AN ABUSE OF THE COMMITTEE'S ADMINISTRATIVE PROCESS. ANY PARTY AGGRIEVED BY THE COMMITTEE'S DENIAL OF SUCH LEAVE MAY APPLY TO A COURT OF COMPETENT JURISDICTION, WITHIN FIFTEEN DAYS OF THE COMMITTEE MEETING AT WHICH SUCH LEAVE WAS DENIED, FOR AN ORDER REQUIRING THE COMMITTEE TO HEAR SUCH APPEAL. V. IN MAKING THE FINDINGS AND DETERMINATION, THE COMMITTEE SHALL CONSIDER THE NATURE OF ANY JUSTICE OR ABUSE OF ADMINISTRATIVE PROCESS, INCLUDING BUT NOT LIMITED TO: (A) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER OF THE REQUEST OR THE APPEAL; (B) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER TO PRIOR OR CONTEMPORANEOUS REQUESTS OR APPEALS BY THE PERSON MAKING THE REQUEST OR TAKING THE APPEAL; AND (C) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER OF OTHER VERBAL AND WRITTEN COMMUNICATIONS TO ANY AGENCY OR ANY OFFICIAL OF ANY AGENCY FROM THE PERSON MAKING THE REQUEST OR TAKING THE APPEAL. VI. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN THE CASE OF AN APPEAL TO THE COMMITTEE OF A DENIAL BY A PUBLIC AGENCY, THE COMMITTEE MAY, UPON MOTION OF SUCH AGENCY, CONFIRM THE ACTION OF THE AGENCY AND DISMISS THE APPEAL WITHOUT A HEARING IF IT FINDS, AFTER EXAM- INING THE NOTICE OF APPEAL AND CONSTRUING ALL ALLEGATIONS MOST FAVORABLY TO THE APPELLANT, THAT (A) THE AGENCY HAS NOT VIOLATED THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER OR (B) THE AGENCY HAS COMMITTED A TECHNI- CAL VIOLATION THAT CONSTITUTES A HARMLESS ERROR THAT DOES NOT INFRINGE THE APPELLANT'S RIGHTS. (G) I. IF IN THE JUDGMENT OF THE COMMITTEE CIRCUMSTANCES SO WARRANT, IT MAY AT ANY TIME AFTER THE FILING OF A NOTICE OF APPEAL ENDEAVOR TO RESOLVE THE APPEAL BY ANY METHOD OF DISPUTE RESOLUTION PRESCRIBED BY RULE OF THE COMMITTEE INCLUDING, BUT NOT LIMITED TO, MEDIATION. II. THE TERMS OF ANY MEDIATION AGREEMENT MAY CONTAIN SUCH PROVISIONS AS MAY BE AGREED UPON BY THE COMMITTEE, THE APPELLANT AND THE RESPOND- ENT. III. THE MEMBERS OF THE COMMITTEE AND ITS STAFF SHALL NOT PUBLICLY DISCLOSE WHAT TRANSPIRED IN THE COURSE OF MEDIATION EFFORTS. IV. IF A MEDIATION AGREEMENT IS ENTERED INTO, THE COMMITTEE SHALL EMBODY SUCH AGREEMENT IN AN ORDER AND SERVE A COPY OF SUCH ORDER UPON ALL PARTIES TO THE AGREEMENT. VIOLATION OF SUCH AN ORDER MAY CAUSE THE IMPOSITION OF CIVIL PENALTIES. (H) ANY PARTY AGGRIEVED BY THE DECISION OF SAID COMMITTEE MAY APPEAL TO THE JUDICIARY THEREFROM, THE COURT MAY CONDUCT AN IN CAMERA REVIEW OF THE ORIGINAL OR A CERTIFIED COPY OF THE RECORDS WHICH ARE AT ISSUE IN THE APPEAL BUT WERE NOT INCLUDED IN THE RECORD OF THE COMMITTEE'S PROCEEDINGS, ADMIT THE RECORDS INTO EVIDENCE AND ORDER THE RECORDS TO BE SEALED OR INSPECTED ON SUCH TERMS AS THE COURT DEEMS FAIR AND APPROPRI- ATE, DURING THE APPEAL. THE COMMITTEE SHALL HAVE STANDING TO DEFEND, A. 5827--A 5 PROSECUTE OR OTHERWISE PARTICIPATE IN ANY APPEAL OF ANY OF ITS DECISIONS AND TO TAKE AN APPEAL FROM ANY JUDICIAL DECISION OVERTURNING OR MODIFY- ING A DECISION OF THE COMMITTEE. IF AGREEMENT IS A JURISDICTIONAL PREREQUISITE TO THE COMMITTEE TAKING ANY SUCH APPEAL, THE COMMITTEE SHALL BE DEEMED TO BE AGGRIEVED. LEGAL COUNSEL EMPLOYED OR RETAINED BY SAID COMMITTEE SHALL REPRESENT SAID COMMITTEE IN ALL SUCH APPEALS AND IN ANY OTHER LITIGATION AFFECTING SAID COMMITTEE. ANY APPEAL TAKEN PURSU- ANT TO THIS SECTION SHALL BE PRIVILEGED IN RESPECT TO ITS ASSIGNMENT FOR TRIAL OVER ALL OTHER ACTIONS EXCEPT WRITS OF HABEAS CORPUS AND ACTIONS BROUGHT BY OR ON BEHALF OF THE STATE, INCLUDING INFORMATION ON THE RELATION OF PRIVATE INDIVIDUALS. IF THE COURT FINDS THAT ANY APPEAL TAKEN PURSUANT TO THIS SECTION IS FRIVOLOUS OR TAKEN SOLELY FOR THE PURPOSE OF DELAY, IT SHALL ORDER THE PARTY RESPONSIBLE THEREFOR TO PAY TO THE PARTY INJURED BY SUCH FRIVOLOUS OR DILATORY APPEAL COSTS OR ATTORNEY'S FEES OF NOT MORE THAN ONE THOUSAND DOLLARS. SUCH ORDER SHALL BE IN ADDITION TO ANY OTHER REMEDY OR DISCIPLINARY ACTION REQUIRED OR PERMITTED BY STATUTE OR BY RULES OF COURT. S 3. Paragraphs (b) and (c) of subdivision 4 of section 89 of the public officers law, paragraph (b) as amended by chapter 22 of the laws of 2005 and paragraph (c) as amended by chapter 492 of the laws of 2006, are amended to read as follows: (b) Except as provided in subdivision five of this section, a person denied access to a record in an appeal determination under the provisions of paragraph (a) of this subdivision may [bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules. In the event that access to any record is denied pursuant to the provisions of subdivision two of section eighty-seven of this article, the agency involved shall have the burden of proving that such record falls within the provisions of such subdivision two. Failure by an agency to conform to the provisions of paragraph (a) of this subdivision shall constitute a denial. (c) The court in such a proceeding may assess, against such agency involved, reasonable attorney's fees and other litigation costs reason- ably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, when: i. the agency had no reasonable basis for denying access; or ii. the agency failed to respond to a request or appeal within the statutory time] APPEAL TO THE COMMITTEE ON OPEN GOVERNMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION. S 4. Section 107 of the public officers law, as added by chapter 511 of the laws of 1976, subdivision 1 as amended by chapter 44 of the laws of 2010 and subdivision 2 as amended by chapter 397 of the laws of 2008 and such section as renumbered by chapter 652 of the laws of 1983, is amended to read as follows: S 107. Enforcement. [1.] Any aggrieved person shall have standing to enforce the provisions of this article against a public body by the commencement of [a proceeding pursuant to article seventy-eight of the civil practice law and rules, or an action for declaratory judgment and injunctive relief. In any such action or proceeding, if a court deter- mines that a public body failed to comply with this article, the court shall have the power, in its discretion, upon good cause shown, to declare that the public body violated this article and/or declare the action taken in relation to such violation void, in whole or in part, without prejudice to reconsideration in compliance with this article. If the court determines that a public body has violated this article, the court may require the members of the public body to participate in a A. 5827--A 6 training session concerning the obligations imposed by this article conducted by the staff of the committee on open government. An unintentional failure to fully comply with the notice provisions required by this article shall not alone be grounds for invalidating any action taken at a meeting of a public body. The provisions of this arti- cle shall not affect the validity of the authorization, acquisition, execution or disposition of a bond issue or notes. 2. In any proceeding brought pursuant to this section, costs and reasonable attorney fees may be awarded by the court, in its discretion, to the successful party. If a court determines that a vote was taken in material violation of this article, or that substantial deliberations relating thereto occurred in private prior to such vote, the court shall award costs and reasonable attorney's fees to the successful petitioner, unless there was a reasonable basis for a public body to believe that a closed session could properly have been held. 3. The statute of limitations in an article seventy-eight proceeding with respect to an action taken at executive session shall commence to run from the date the minutes of such executive session have been made available to the public] AN APPEAL TO THE COMMITTEE ON OPEN GOVERNMENT PURSUANT TO SECTION EIGHTY-NINE OF THIS CHAPTER. S 5. Paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1, paragraph (c) of subdivision 3, and paragraph (c) of subdivision 4 of section 87 of the public officers law, paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1 as amended by chapter 80 of the laws of 1983, paragraph (c) of subdivision 3 as amended by chapter 499 of the laws of 2008, and paragraph (c) of subdi- vision 4 as added by chapter 102 of the laws of 2007, are amended to read as follows: (a) Within sixty days after the effective date of this article, the governing body of each public corporation shall promulgate uniform rules and regulations for all agencies in such public corporation pursuant to such general rules and regulations as may be promulgated by the commit- tee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE in conformity with the provisions of this article, pertaining to the administration of this article. Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the commit- tee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to: (c) a reasonably detailed current list by subject matter of all records in the possession of the agency, whether or not available under this article. Each agency shall update its subject matter list annually, and the date of the most recent update shall be conspicuously indicated on the list. Each state agency as defined in subdivision four of this section that maintains a website shall post its current list on its website and such posting shall be linked to the website of the committee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. Any such agency that does not maintain a website shall arrange to have its list posted on the website of the committee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. (c) Each state agency that maintains a website shall post information related to this article and article six-A of this chapter on its A. 5827--A 7 website. Such information shall include, at a minimum, contact informa- tion for the persons from whom records of the agency may be obtained, the times and places such records are available for inspection and copy- ing, and information on how to request records in person, by mail, and, if the agency accepts requests for records electronically, by e-mail. This posting shall be linked to the website of the committee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. S 6. This act shall take effect on the sixtieth day after it shall have become a law.
Co-Sponsors
Richard Gottfried
Michael Blake
Fred Thiele
Walter T. Mosley
- view additional co-sponsors
Kenneth Zebrowski
Al Graf
Andrew Raia
Victor M. Pichardo
Steven McLaughlin
Kevin Cahill
Multi-Sponsors
Clifford Crouch
Peter Lawrence
Jo Anne Simon
A5827B (ACTIVE) - Details
A5827B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5827--B 2015-2016 Regular Sessions I N A S S E M B L Y March 5, 2015 ___________ Introduced by M. of A. SKOUFIS, GOTTFRIED, BLAKE, THIELE, MOSLEY, ZEBROWSKI, GRAF, RAIA, PICHARDO, McLAUGHLIN, CAHILL -- Multi-Sponsored by -- M. of A. CROUCH, LAWRENCE, SIMON -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public officers law, in relation to enacting the integrity in government act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "integrity in government act". S 2. Paragraph (a) of subdivision 1 of section 89 of the public offi- cers law, as amended by chapter 33 of the laws of 1984, is amended and six new paragraphs (c), (d), (e), (f), (g) and (h) are added to read as follows: (a) The committee on open government is continued and shall consist of the lieutenant governor or the delegate of such officer, the secretary of state or the delegate of such officer, whose office shall act as secretariat for the committee, the commissioner of the office of general services or the delegate of such officer, the director of the budget or the delegate of such officer, and seven other persons, none of whom shall hold any other state or local public office except the represen- tative of local governments as set forth herein, to be appointed as follows: five by the governor, at least two of whom are or have been representatives of the news media, one of whom shall be a representative of local government who, at the time of appointment, is serving as a duly elected officer of a local government, one by the temporary presi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09242-14-6
A. 5827--B 2 dent of the senate, and one by the speaker of the assembly. The persons appointed by the temporary president of the senate and the speaker of the assembly shall be appointed to serve, respectively, until the expi- ration of the terms of office of the temporary president and the speaker to which the temporary president and speaker were elected. The four persons presently serving by appointment of the governor for fixed terms shall continue to serve until the expiration of their respective terms. Thereafter, their respective successors shall be appointed for terms of four years. The member representing local government shall be appointed for a term of four years, so long as such member shall remain a duly elected officer of a local government. The committee shall hold no less than two meetings annually, but may meet at any time. The members of the committee shall be entitled to reimbursement for actual expenses incurred in the discharge of their duties. THE EXECUTIVE DIRECTOR OF THE COMMITTEE SHALL MAINTAIN A PERMANENT OFFICE IN ALBANY IN SUCH SUIT- ABLE SPACE AS THE COMMISSIONER OF THE DEPARTMENT OF STATE PROVIDES. ALL PAPERS REQUIRED TO BE FILED WITH OR SERVED UPON THE COMMITTEE SHALL BE DELIVERED TO SUCH OFFICE. EACH MEMBER SHALL RECEIVE TWO HUNDRED DOLLARS PER DAY FOR EACH DAY SUCH MEMBER IS PRESENT AT A COMMITTEE HEARING OR MEETING, AND SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN CONNECTION THEREWITH. (C) THE COMMITTEE SHALL, SUBJECT TO THE CIVIL SERVICE LAW, EMPLOY SUCH EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION. THE COMMITTEE MAY ENTER INTO SUCH CONTRACTUAL AGREEMENTS AS MAY BE NECESSARY FOR THE DISCHARGE OF ITS DUTIES, WITHIN THE LIMITS OF ITS APPROPRIATED FUNDS AND IN ACCORDANCE WITH ESTABLISHED PROCEDURES. (D) I. ANY PERSON DENIED THE RIGHT TO INSPECT OR COPY RECORDS, DENIED THE RIGHT TO ATTEND ANY MEETING OF A PUBLIC AGENCY OR DENIED ANY OTHER RIGHT CONFERRED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER MAY APPEAL THEREFROM TO THE COMMITTEE BY FILING A NOTICE OF APPEAL WITH THE COMMITTEE. A NOTICE OF APPEAL SHALL BE FILED NOT LATER THAN THIRTY DAYS AFTER SUCH DENIAL, EXCEPT IN THE CASE OF AN UNNOTICED OR SECRET MEETING, IN WHICH CASE THE APPEAL SHALL BE FILED NOT LATER THAN THIRTY DAYS AFTER THE PERSON FILING THE APPEAL RECEIVES NOTICE IN FACT THAT SUCH MEETING WAS HELD. FOR PURPOSES OF THIS PARAGRAPH, SUCH NOTICE OF APPEAL SHALL BE DEEMED TO BE FILED ON THE DATE IT IS RECEIVED BY SAID COMMITTEE OR ON THE DATE IT IS POSTMARKED, IF RECEIVED MORE THAN THIRTY DAYS AFTER THE DATE OF THE DENIAL FROM WHICH SUCH APPEAL IS TAKEN. II. UPON RECEIPT OF SUCH NOTICE, THE COMMITTEE SHALL SERVE UPON ALL PARTIES, BY CERTIFIED OR REGISTERED MAIL, A COPY OF SUCH NOTICE TOGETHER WITH ANY OTHER NOTICE OR ORDER OF SUCH COMMITTEE. IN THE CASE OF THE DENIAL OF A REQUEST TO INSPECT OR COPY RECORDS CONTAINED IN A PUBLIC EMPLOYEE'S PERSONNEL OR MEDICAL FILE, THE COMMITTEE SHALL INCLUDE WITH ITS NOTICE OR ORDER AN ORDER REQUIRING THE PUBLIC AGENCY TO NOTIFY ANY EMPLOYEE WHOSE RECORDS ARE SUBJECT OF AN APPEAL, AND THE EMPLOYEE'S COLLECTIVE BARGAINING REPRESENTATIVE, IF ANY, OF THE COMMITTEE'S PROCEEDINGS AND, IF ANY SUCH EMPLOYEE OR COLLECTIVE BARGAINING REPRESEN- TATIVE HAS FILED AN OBJECTION, THE AGENCY SHALL PROVIDE THE REQUIRED NOTICE TO SUCH EMPLOYEE AND COLLECTIVE BARGAINING REPRESENTATIVE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR BY HAND DELIVERY WITH A SIGNED RECEIPT. A PUBLIC EMPLOYEE WHOSE PERSONNEL OR MEDICAL FILE IS THE SUBJECT OF AN APPEAL MAY INTERVENE AS A PARTY IN THE PROCEEDINGS ON THE MATTER BEFORE THE COMMITTEE. (E) I. THE COMMITTEE SHALL, AFTER DUE NOTICE TO THE PARTIES AND SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER, PROMPTLY REVIEW THE ALLEGED VIOLATION OF SAID ARTICLES. THE A. 5827--B 3 COMMITTEE SHALL HAVE THE POWER TO INVESTIGATE ALL ALLEGED VIOLATIONS OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER AND MAY FOR THE PURPOSE OF INVESTIGATING ANY VIOLATION HOLD A HEARING, ADMINISTER OATHS, EXAMINE WITNESSES, RECEIVE ORAL AND DOCUMENTARY EVIDENCE, HAVE THE POWER TO SUBPOENA WITNESSES UNDER PROCEDURAL RULES ADOPTED BY THE COMMITTEE TO COMPEL ATTENDANCE AND TO REQUIRE THE PRODUCTION FOR EXAMINATION OF ANY BOOKS AND PAPERS WHICH THE COMMITTEE DEEMS RELEVANT IN ANY MATTER UNDER INVESTIGATION OR IN QUESTION. IN CASE OF A REFUSAL TO COMPLY WITH ANY SUCH SUBPOENA OR TO TESTIFY WITH RESPECT TO ANY MATTER UPON WHICH THAT PERSON MAY BE LAWFULLY INTERROGATED, A COURT OF COMPETENT JURISDICTION, ON APPLICATION OF THE COMMITTEE, MAY ISSUE AN ORDER REQUIRING SUCH PERSON TO COMPLY WITH SUCH SUBPOENA AND TO TESTIFY; FAILURE TO OBEY ANY SUCH ORDER OF THE COURT MAY BE PUNISHED BY THE COURT AS A CONTEMPT THER- EOF. II. THE COMMITTEE SHALL HEAR AND DECIDE EACH APPEAL WITHIN SIX MONTHS AFTER THE FILING OF THE NOTICE OF APPEAL. THE COMMITTEE SHALL ADOPT REGULATIONS ESTABLISHING CRITERIA FOR THOSE APPEALS WHICH SHALL BE PRIV- ILEGED IN THEIR ASSIGNMENT FOR HEARING. ANY SUCH PRIVILEGED APPEAL SHALL BE HEARD NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF A NOTICE OF APPEAL AND DECIDED NOT LATER THAN SIXTY DAYS AFTER A HEARING. III. IF A NOTICE OF APPEAL CONCERNS AN ANNOUNCED AGENCY DECISION TO MEET IN EXECUTIVE SESSION OR AN ONGOING AGENCY PRACTICE OF MEETING IN EXECUTIVE SESSIONS, FOR A STATED PURPOSE, THE COMMITTEE OR A MEMBER OR MEMBERS OF THE COMMITTEE DESIGNATED BY ITS CHAIRPERSON SHALL SERVE NOTICE UPON THE PARTIES AND HOLD A PRELIMINARY HEARING ON THE APPEAL NOT LATER THAN SEVENTY-TWO HOURS AFTER RECEIPT OF THE NOTICE, PROVIDED SUCH NOTICE SHALL BE GIVEN TO THE PARTIES AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH HEARING. DURING SUCH PRELIMINARY HEARING, THE COMMITTEE SHALL TAKE EVIDENCE AND RECEIVE TESTIMONY FROM THE PARTIES. IF AFTER THE PRELIMI- NARY HEARING THE COMMITTEE FINDS PROBABLE CAUSE TO BELIEVE THAT THE AGENCY DECISION OR PRACTICE IS IN VIOLATION OF ARTICLE SEVEN OF THIS CHAPTER, THE AGENCY SHALL NOT MEET IN EXECUTIVE SESSION FOR SUCH PURPOSE UNTIL THE COMMITTEE DECIDES THE APPEAL. IF PROBABLE CAUSE IS FOUND BY THE COMMITTEE, IT SHALL CONDUCT A FINAL HEARING ON THE APPEAL AND RENDER ITS DECISION NOT LATER THAN FIVE DAYS AFTER THE COMPLETION OF THE PRELIMINARY HEARING. SUCH DECISION SHALL SPECIFY THE COMMITTEE'S FIND- INGS OF FACT AND CONCLUSIONS OF LAW. IV. THE COMMITTEE, AT ITS DISCRETION, MAY ISSUE AN ORDER TO DISCONTIN- UE ALL WORK RESULTING FROM AN ALLEGED VIOLATION OF THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER IF IRREPARABLE HARM IS DEEMED TO POTEN- TIALLY OCCUR. THIS ORDER WILL HOLD UNTIL A DECISION IS RENDERED BY THE COMMITTEE ON THE ALLEGED VIOLATION. (F) I. IN ANY APPEAL TO THE COMMITTEE, THE COMMITTEE MAY CONFIRM THE ACTION OF THE AGENCY OR ORDER THE AGENCY TO PROVIDE RELIEF THAT THE COMMITTEE, IN ITS DISCRETION, BELIEVES APPROPRIATE TO RECTIFY THE DENIAL OF ANY RIGHT CONFERRED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAP- TER. THE COMMITTEE MAY DECLARE NULL AND VOID ANY ACTION TAKEN AT ANY MEETING WHICH A PERSON WAS DENIED THE RIGHT TO ATTEND AND MAY REQUIRE THE PRODUCTION OR COPYING OF ANY PUBLIC RECORD. IN ADDITION, UPON FIND- ING THAT A DENIAL OF ANY RIGHT CREATED BY THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER WAS WITHOUT REASONABLE GROUNDS AND AFTER THE CUSTODIAN OR OTHER OFFICIAL DIRECTLY RESPONSIBLE FOR THE DENIAL HAS BEEN GIVEN AN OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED IN ACCORDANCE WITH ARTI- CLE SEVEN OF THIS CHAPTER THE COMMITTEE MAY, IN ITS DISCRETION, IMPOSE AGAINST THE CUSTODIAN OR OTHER OFFICIAL A CIVIL PENALTY OF NOT LESS THAN TWENTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS. A. 5827--B 4 II. IF THE COMMITTEE FINDS THAT A PERSON HAS TAKEN AN APPEAL FRIVO- LOUSLY, WITHOUT REASONABLE GROUNDS, AFTER SUCH PERSON HAS BEEN GIVEN AN OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED IN ACCORDANCE WITH ARTI- CLE SEVEN OF THIS CHAPTER, THE COMMITTEE MAY, IN ITS DISCRETION, IMPOSE AGAINST THAT PERSON A CIVIL PENALTY OF NOT LESS THAN TWENTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS. III. THE COMMITTEE SHALL NOTIFY A PERSON OF A PENALTY LEVIED AGAINST HIM PURSUANT TO THIS SUBDIVISION BY WRITTEN NOTICE SENT BY CERTIFIED OR REGISTERED MAIL. IF A PERSON FAILS TO PAY THE PENALTY WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE, A COURT OF COMPETENT JURISDICTION SHALL, ON APPLICATION OF THE COMMITTEE, ISSUE AN ORDER REQUIRING THE PERSON TO PAY THE PENALTY IMPOSED. IV. THE COMMITTEE SHALL PROVIDE DUE NOTICE TO THE PARTIES AND REVIEW AFFIDAVITS AND WRITTEN ARGUMENTS THAT THE PARTIES MAY SUBMIT AND GRANT OR DENY SUCH LEAVE SUMMARILY AT ITS NEXT REGULAR MEETING. THE COMMITTEE SHALL GRANT SUCH LEAVE UNLESS IT FINDS THAT THE APPEAL: (A) DOES NOT PRESENT A CLAIM WITHIN THE COMMITTEE'S JURISDICTION; (B) WOULD PERPE- TRATE AN INJUSTICE; OR (C) WOULD CONSTITUTE AN ABUSE OF THE COMMITTEE'S ADMINISTRATIVE PROCESS. ANY PARTY AGGRIEVED BY THE COMMITTEE'S DENIAL OF SUCH LEAVE MAY APPLY TO A COURT OF COMPETENT JURISDICTION, WITHIN FIFTEEN DAYS OF THE COMMITTEE MEETING AT WHICH SUCH LEAVE WAS DENIED, FOR AN ORDER REQUIRING THE COMMITTEE TO HEAR SUCH APPEAL. V. IN MAKING THE FINDINGS AND DETERMINATION, THE COMMITTEE SHALL CONSIDER THE NATURE OF ANY JUSTICE OR ABUSE OF ADMINISTRATIVE PROCESS, INCLUDING BUT NOT LIMITED TO: (A) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER OF THE REQUEST OR THE APPEAL; (B) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER TO PRIOR OR CONTEMPORANEOUS REQUESTS OR APPEALS BY THE PERSON MAKING THE REQUEST OR TAKING THE APPEAL; AND (C) THE NATURE, CONTENT, LANGUAGE OR SUBJECT MATTER OF OTHER VERBAL AND WRITTEN COMMUNICATIONS TO ANY AGENCY OR ANY OFFICIAL OF ANY AGENCY FROM THE PERSON MAKING THE REQUEST OR TAKING THE APPEAL. VI. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN THE CASE OF AN APPEAL TO THE COMMITTEE OF A DENIAL BY A PUBLIC AGENCY, THE COMMITTEE MAY, UPON MOTION OF SUCH AGENCY, CONFIRM THE ACTION OF THE AGENCY AND DISMISS THE APPEAL WITHOUT A HEARING IF IT FINDS, AFTER EXAM- INING THE NOTICE OF APPEAL AND CONSTRUING ALL ALLEGATIONS MOST FAVORABLY TO THE APPELLANT, THAT (A) THE AGENCY HAS NOT VIOLATED THIS ARTICLE AND ARTICLE SEVEN OF THIS CHAPTER OR (B) THE AGENCY HAS COMMITTED A TECHNI- CAL VIOLATION THAT CONSTITUTES A HARMLESS ERROR THAT DOES NOT INFRINGE THE APPELLANT'S RIGHTS. (G) I. IF IN THE JUDGMENT OF THE COMMITTEE CIRCUMSTANCES SO WARRANT, IT MAY AT ANY TIME AFTER THE FILING OF A NOTICE OF APPEAL ENDEAVOR TO RESOLVE THE APPEAL BY ANY METHOD OF DISPUTE RESOLUTION PRESCRIBED BY RULE OF THE COMMITTEE INCLUDING, BUT NOT LIMITED TO, MEDIATION. II. THE TERMS OF ANY MEDIATION AGREEMENT MAY CONTAIN SUCH PROVISIONS AS MAY BE AGREED UPON BY THE COMMITTEE, THE APPELLANT AND THE RESPOND- ENT. III. THE MEMBERS OF THE COMMITTEE AND ITS STAFF SHALL NOT PUBLICLY DISCLOSE WHAT TRANSPIRED IN THE COURSE OF MEDIATION EFFORTS. IV. IF A MEDIATION AGREEMENT IS ENTERED INTO, THE COMMITTEE SHALL EMBODY SUCH AGREEMENT IN AN ORDER AND SERVE A COPY OF SUCH ORDER UPON ALL PARTIES TO THE AGREEMENT. VIOLATION OF SUCH AN ORDER MAY CAUSE THE IMPOSITION OF CIVIL PENALTIES. (H) ANY PARTY AGGRIEVED BY THE DECISION OF SAID COMMITTEE MAY APPEAL TO THE JUDICIARY THEREFROM, THE COURT MAY CONDUCT AN IN CAMERA REVIEW OF THE ORIGINAL OR A CERTIFIED COPY OF THE RECORDS WHICH ARE AT ISSUE IN A. 5827--B 5 THE APPEAL BUT WERE NOT INCLUDED IN THE RECORD OF THE COMMITTEE'S PROCEEDINGS, ADMIT THE RECORDS INTO EVIDENCE AND ORDER THE RECORDS TO BE SEALED OR INSPECTED ON SUCH TERMS AS THE COURT DEEMS FAIR AND APPROPRI- ATE, DURING THE APPEAL. THE COMMITTEE SHALL HAVE STANDING TO DEFEND, PROSECUTE OR OTHERWISE PARTICIPATE IN ANY APPEAL OF ANY OF ITS DECISIONS AND TO TAKE AN APPEAL FROM ANY JUDICIAL DECISION OVERTURNING OR MODIFY- ING A DECISION OF THE COMMITTEE. IF AGREEMENT IS A JURISDICTIONAL PREREQUISITE TO THE COMMITTEE TAKING ANY SUCH APPEAL, THE COMMITTEE SHALL BE DEEMED TO BE AGGRIEVED. LEGAL COUNSEL EMPLOYED OR RETAINED BY SAID COMMITTEE SHALL REPRESENT SAID COMMITTEE IN ALL SUCH APPEALS AND IN ANY OTHER LITIGATION AFFECTING SAID COMMITTEE. ANY APPEAL TAKEN PURSU- ANT TO THIS SECTION SHALL BE PRIVILEGED IN RESPECT TO ITS ASSIGNMENT FOR TRIAL OVER ALL OTHER ACTIONS EXCEPT WRITS OF HABEAS CORPUS AND ACTIONS BROUGHT BY OR ON BEHALF OF THE STATE, INCLUDING INFORMATION ON THE RELATION OF PRIVATE INDIVIDUALS. IF THE COURT FINDS THAT ANY APPEAL TAKEN PURSUANT TO THIS SECTION IS FRIVOLOUS OR TAKEN SOLELY FOR THE PURPOSE OF DELAY, IT SHALL ORDER THE PARTY RESPONSIBLE THEREFOR TO PAY TO THE PARTY INJURED BY SUCH FRIVOLOUS OR DILATORY APPEAL COSTS OR ATTORNEY'S FEES OF NOT MORE THAN ONE THOUSAND DOLLARS. SUCH ORDER SHALL BE IN ADDITION TO ANY OTHER REMEDY OR DISCIPLINARY ACTION REQUIRED OR PERMITTED BY STATUTE OR BY RULES OF COURT. S 3. Paragraphs (b) and (c) of subdivision 4 of section 89 of the public officers law, paragraph (b) as amended by chapter 22 of the laws of 2005 and paragraph (c) as amended by chapter 492 of the laws of 2006, are amended to read as follows: (b) Except as provided in subdivision five of this section, a person denied access to a record in an appeal determination under the provisions of paragraph (a) of this subdivision may [bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules. In the event that access to any record is denied pursuant to the provisions of subdivision two of section eighty-seven of this article, the agency involved shall have the burden of proving that such record falls within the provisions of such subdivision two. Failure by an agency to conform to the provisions of paragraph (a) of this subdivision shall constitute a denial. (c) The court in such a proceeding may assess, against such agency involved, reasonable attorney's fees and other litigation costs reason- ably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, when: i. the agency had no reasonable basis for denying access; or ii. the agency failed to respond to a request or appeal within the statutory time] APPEAL TO THE COMMITTEE ON OPEN GOVERNMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION. S 4. Section 107 of the public officers law, as added by chapter 511 of the laws of 1976, subdivision 1 as amended by chapter 44 of the laws of 2010 and subdivision 2 as amended by chapter 397 of the laws of 2008 and such section as renumbered by chapter 652 of the laws of 1983, is amended to read as follows: S 107. Enforcement. [1.] Any aggrieved person shall have standing to enforce the provisions of this article against a public body by the commencement of [a proceeding pursuant to article seventy-eight of the civil practice law and rules, or an action for declaratory judgment and injunctive relief. In any such action or proceeding, if a court deter- mines that a public body failed to comply with this article, the court shall have the power, in its discretion, upon good cause shown, to declare that the public body violated this article and/or declare the A. 5827--B 6 action taken in relation to such violation void, in whole or in part, without prejudice to reconsideration in compliance with this article. If the court determines that a public body has violated this article, the court may require the members of the public body to participate in a training session concerning the obligations imposed by this article conducted by the staff of the committee on open government. An unintentional failure to fully comply with the notice provisions required by this article shall not alone be grounds for invalidating any action taken at a meeting of a public body. The provisions of this arti- cle shall not affect the validity of the authorization, acquisition, execution or disposition of a bond issue or notes. 2. In any proceeding brought pursuant to this section, costs and reasonable attorney fees may be awarded by the court, in its discretion, to the successful party. If a court determines that a vote was taken in material violation of this article, or that substantial deliberations relating thereto occurred in private prior to such vote, the court shall award costs and reasonable attorney's fees to the successful petitioner, unless there was a reasonable basis for a public body to believe that a closed session could properly have been held. 3. The statute of limitations in an article seventy-eight proceeding with respect to an action taken at executive session shall commence to run from the date the minutes of such executive session have been made available to the public] AN APPEAL TO THE COMMITTEE ON OPEN GOVERNMENT PURSUANT TO SECTION EIGHTY-NINE OF THIS CHAPTER. S 5. Paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1, paragraph (c) of subdivision 3, and paragraph (c) of subdivision 4 of section 87 of the public officers law, paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1 as amended by chapter 80 of the laws of 1983, paragraph (c) of subdivision 3 as amended by chapter 499 of the laws of 2008, and paragraph (c) of subdi- vision 4 as added by chapter 102 of the laws of 2007, are amended to read as follows: (a) Within sixty days after the effective date of this article, the governing body of each public corporation shall promulgate uniform rules and regulations for all agencies in such public corporation pursuant to such general rules and regulations as may be promulgated by the commit- tee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE in conformity with the provisions of this article, pertaining to the administration of this article. Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the commit- tee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to: (c) a reasonably detailed current list by subject matter of all records in the possession of the agency, whether or not available under this article. Each agency shall update its subject matter list annually, and the date of the most recent update shall be conspicuously indicated on the list. Each state agency as defined in subdivision four of this section that maintains a website shall post its current list on its website and such posting shall be linked to the website of the committee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. Any such agency that does not maintain a website shall arrange to have its A. 5827--B 7 list posted on the website of the committee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. (c) Each state agency that maintains a website shall post information related to this article and article six-A of this chapter on its website. Such information shall include, at a minimum, contact informa- tion for the persons from whom records of the agency may be obtained, the times and places such records are available for inspection and copy- ing, and information on how to request records in person, by mail, and, if the agency accepts requests for records electronically, by e-mail. This posting shall be linked to the website of the committee on open government PURSUANT TO SECTION EIGHTY-NINE OF THIS ARTICLE. S 6. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.