S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1625
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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".
   §  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
 to which the temporary president and  speaker  were  elected.  The  four
 persons presently serving by appointment of the governor for fixed terms
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06671-01-9

 S. 1625                             2
 
 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
 SUBPOENA  WITNESSES  UNDER  PROCEDURAL RULES ADOPTED BY THE COMMITTEE TO
 COMPEL ATTENDANCE AND TO REQUIRE THE PRODUCTION FOR EXAMINATION  OF  ANY

 S. 1625                             3
 
 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
 AGAINST THAT PERSON A CIVIL PENALTY OF NOT LESS THAN TWENTY DOLLARS  NOR
 MORE THAN ONE THOUSAND DOLLARS.

 S. 1625                             4
 
   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,
 PROSECUTE OR OTHERWISE PARTICIPATE IN ANY APPEAL OF ANY OF ITS DECISIONS
 AND TO TAKE AN APPEAL FROM ANY JUDICIAL DECISION OVERTURNING OR  MODIFY-

 S. 1625                             5
 
 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.
   § 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 453 of the laws of 2017,
 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: (i) may assess, against such agen-
 cy  involved,  reasonable  attorney's  fees  and  other litigation costs
 reasonably incurred by such person in any case under the  provisions  of
 this  section in which such person has substantially prevailed, and when
 the agency failed to respond to a request or appeal within the statutory
 time; and (ii) shall assess, against such  agency  involved,  reasonable
 attorney's  fees  and other litigation costs reasonably incurred by such
 person in any case under the provisions of this section  in  which  such
 person  has  substantially prevailed and the court finds that the agency
 had no reasonable basis for denying access] APPEAL TO THE  COMMITTEE  ON
 OPEN GOVERNMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   §  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:
   §  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. 1625                             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.
   §  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. 1625                             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.
   § 6. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.