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.

                            
                    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.