S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5612--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 19, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-15-6
              

S. 5612--A                          2

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
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

S. 5612--A                          3

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.
  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-

S. 5612--A                          4

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
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-

S. 5612--A                          5

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
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

S. 5612--A                          6

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
list posted on the website of the committee on open government  PURSUANT
TO SECTION EIGHTY-NINE OF THIS ARTICLE.

S. 5612--A                          7

  (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.