
(photo: Philip Kamrass/Governor's Office)
A bill that would greatly strengthen New York’s Freedom of Information Law (FOIL), already vetoed once by Governor Andrew Cuomo, has again passed both houses of the Legislature -- with some minor adjustments.
The bipartisan legislation, which passed the Assembly in May and the Senate on Monday, mandates that city or state agencies be liable for court costs incurred by any individual who submits a FOIL request, is wrongfully denied documents, and then prevails in a lawsuit. Currently, the public officers law states that a court “may” award legal fees -- leaving the decision up to a judge -- rather than “shall,” a word change that would effectively penalize state agencies that willfully disregard disclosure law.
The governor’s office did not provide indication which way Cuomo is leaning this time.
The Freedom of Information Law allows everyday citizens, journalists, advocates, and others to seek and obtain information, like documents and communications, from government entities. The scope of the law is fairly wide, though there are significant exceptions, including for the deliberative process and much of what the state Legislature does.
Nearly identical legislation passed the Legislature in 2015, but Cuomo vetoed it, along with another FOIL-related bill, at the eleventh hour and with some harsh words. In his 2015 veto letter, Cuomo wrote that the bill “would allow attorneys’ fees to be assessed against a state agency, even if the state agency ultimately prevails.”
In the same letter, Cuomo, who regularly rails against the Legislature’s FOIL exemption, suggested that tightened FOIL requirements should also apply to the legislative branch. The governor is known for communicating himself in ways that are not FOIL-able -- for example, he is known not to use email.
Based on feedback from Cuomo’s office and recommendations from the Committee on Open Government, which helped craft the bill, the legislation has been amended to create a two-tier system. The first tier relates to situations where the complainant in the FOIL lawsuit was victorious because the agency failed to respond to a request or appeal, in which case the court would still have discretionary authority to award attorneys’ fees. The “second tier” mandates the award of attorney fees when a party denied access to records “has substantially prevailed” and the court finds that “the agency had no reasonable basis for denying access.”
“We think [the two-tier system] address the veto messages that we had prior and conversations we’ve had with the governor’s office,” said Assemblymember Amy Paulin, a Democrat from Scarsdale who authored the bill and sponsored it in the Assembly, in an interview with Gotham Gazette. “So we are very confident that it will be a law this year and it will give everyone the opportunity to to file a complaint when there’s been a violation.”
This legislation, which has the backing of the newspaper industry and has been the subject of numerous editorials, would have immense implications for news outlets, good government groups, think tanks, and other organizations focused on transparency.
Reinvent Albany and the New York Civil Liberties Union also worked closely with Paulin and Senator Patrick Gallivan, the Senate sponsor, to fine tune the language, and hailed the legislation as an important step.
“We think this bill is a very big deal and, if the governor signs this, it will be the most important transparency legislation to pass in quite awhile,” John Kaehny, executive director of ReInvent Albany, told Gotham Gazette.
Kaehny noted than many are dissuaded from bringing FOIL lawsuits, even when they are confident they were wrongfully denied, because they fear being stuck with the legal bill. “How many people or groups can afford to ‘win’ a FOIL lawsuit when winning gets them a government document and a bill for $10,000 or $50,000 in attorneys' fees?” he asked rhetorically.
Other states -- including California, Colorado, Florida, Illinois, and New Jersey -- already have such laws granting legal fee reimbursement to those who file FOIL requests and are wrongly denied.
A spokesperson for the governor’s office said the bill is “under review.”
Gallivan and Paulin said they were hopeful that Cuomo would sign this version of the bill. “If the governor cares about transparency, he should sign it,” said Gallivan.
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by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette

Brooklyn Voters Allliance Action (photo: Sam Raskin)
Members of a new advocacy group, Brooklyn Voters Alliance Action, gathered outside Governor Andrew Cuomo’s New York City office Tuesday afternoon to deliver a petition urging the governor to take action on voting reforms.
The 30 or so demonstrators highlighted five key points they would like the governor to address in the petition they presented, which they said had 1,500 signatures on it. The state has about two weeks to pass any new laws before the end of the legislative session in Albany and Brooklyn Voters, along with a variety of others, is looking to the governor to take the lead on electoral reform.
The petition demands include early voting, automatic voter registration, providing electronic poll books, allowing for changes to one’s party registration closer to elections, and restoring parolee voting rights. Activists hope to increase access to the ballot and voter participation, which is notoriously low in New York, at least in part due to the state’s roundly-acknowledged antiquated voting laws.
“We have 1,500 signatures on this petition saying that this is something New Yorkers want,” said Nicole Hunt, a Brooklyn Voters Alliance organizer. The group delivered the petition to a staffer from the governor’s office in the lobby of 633 3rd Avenue at approximately 1:15 p.m.
The effort came the same day that Cuomo was participating in a political rally at the Javits Center, launching a push to flip the U.S. House of Representatives to Democrats through the 2018 elections. Meanwhile, the Legislature was also in session in Albany, where there are just nine more days of session after Tuesday.
“While Gov. Cuomo attends a rally on this same day to support electing more Democrats to Congress, he neglects voting reforms that would protect and benefit voters in his own state,” a Brooklyn Voters Alliance Action press release promoting the event read. “New Yorkers demand that Gov Cuomo provides more than excuses and empty rhetoric on voting reform.”
“We have been trying to get voting reform passed this legislative session,” Hunt said. “Cuomo talked about getting it into the budget and then kicked the can down the road. We think that the governor has more power to change this than he is letting on.”
Hunt also added that the group tried to meet with a Cuomo representative, but have “gotten nowhere,” and believes the governor is insufficiently attentive to his constituents.
In January, Cuomo outlined an extensive voting and election reform agenda as part of his 2017 State of the State policy platform. None of the reforms made it into the budget that was passed in April, and there has been almost no indication that electoral reform will move in the legislative session since. The Democratically-controlled Assembly has passed a slew of electoral reforms, but the Republican-controlled Senate has not. Cuomo has been virtually silent publicly on electoral reform since January, only addressing it when asked by reporters.
The Brooklyn Voters Alliance Action leadership also voiced skepticism of the Independent Democratic Conference (IDC), a faction of elected Democrats in the state Senate that allies with Republicans in a ruling coalition. BVAA blames the IDC, along Cuomo’s lack of leadership, for stifling efforts to amend voting laws.
“He’s [Governor Cuomo] at a rally today with Nancy Pelosi to push turning Congress blue, but he can’t even keep his own state Senate blue!” Hunt said. Even without the IDC, Republicans hold a one-seat majority in the 63-seat Senate with 31 elected Republicans and Senator Simcha Felder, a Brooklyn Democrat who caucuses with the GOP.
As Gotham Gazette reported Monday, there are currently two bills stuck in Senate committee that would address the implementation of electronic poll books and allow voters an additional seven days to cast their ballots through early voting. Some advocates believe e-poll books will be passed through both chambers, but that little else will get through the Senate.
Cuomo has taken the position recently that there is not enough political will in Albany to tackle voting reform (or government ethics reforms). Especially without aggressive advocacy from Cuomo, it appears that there is little hope for major electoral reforms, like early voting or same-day registration, this year.
In response to an inquiry from Gotham Gazette about the petition presented Monday by the Brooklyn Voters Alliance and whether the governor plans to take any public action on electoral reform before the end of the session, a spokesperson sent the same statement provided to Gotham Gazette previously:
“Since taking office, the Governor has repeatedly proposed voting reforms that have been opposed by the legislature and stalled during the budget process. We will continue to push to modernize our election system and we will work with all parties who join in those efforts.”
But those seeking the changes are not satisfied with how Cuomo has handled the issue, feeling as though he has put voting laws on the backburner. As a result, there are rallies planned to pressure Albany in the coming weeks, including by a large coalition known as Easy Elections NY, which includes a variety of government reform groups. “I would say if people are concerned about the state of our democracy, removing the barriers to participating in our democracy should be our number one priority,” said Amanda Ritchie, an activist with the Brooklyn Voters campaign. “Voter suppression is real and we need reform this year. We are not waiting any longer.”
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by Sam Raskin & Amanda Tukaj
@GothamGazette

New York City Hall
What to watch for this week in New York politics:
A city budget deal was announced Friday night by Mayor Bill de Blasio and the City Council. As the week begins we're digesting and dissecting that and awaiting full details.
The City Council holds several committee hearings this week, and there is a full-body Council "Stated" meeting on Thursday at which new bills are introduced and bills that have been passed through committee voted through the full Council.
Speaking of the City Council, there are several candidate forums this week as the calendar moves toward the September primaries. There's also a Brooklyn District Attorney candidate forum this week -- see details below. Candidate petitioning begins this week, so you'll start to see political operatives, party members, campaign volunteers, and candidate supporters with their clipboards looking for signatures.
Mayor de Blasio will hold a town hall in Queens Thursday night and is set to speak about truth, politics, and media in "the Age of Trump" on Friday. De Blasio has three public events on Monday -- see all the details below.
The state Legislature is back in session this week, with just 11 meeting days left in the session over the next three weeks. There are four session days this week.
As always, there's a variety of other events to be aware of - see our day-by-day rundown below.
***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
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The run of the week in detail:
Monday
At 10:30 a.m. Monday, "Mayor de Blasio and Schools Chancellor Carmen Fariña will visit P.S. 81, where they join an elementary school P.E. class. After, the Mayor will make an announcement." At 1 p.m., "the Mayor, Police Commissioner James O’Neill, and Chief of Crime Control Strategies Dermot Shea host a press conference in Central Park regarding crime statistics." Both events are open to the press and will include question-and-answer sessions. In the evening, the Mayor is expected to make his weekly appearance on NY1's Road to City Hall during the 7 and 10 p.m. hours.
Public Advocate Letitia James will speak at the mayor's 10:30 a.m. press conference. She'll then attend Congressional Rep. Carolyn Maloney's luncheon featuring Rep. Nancy Pelosi.
The New York State Legislature will be in session on Monday in Albany.
At 8:30 a.m. Monday, the Mayor’s Office to Combat Domestic Violence, the Department of Cultural Affairs, and advocacy groups will host the “Connecting the Dots Conference,” discussing the intersection between intimate partner violence (IPV) and the arts. The conference will take place at the Gibney Dance Center in Lower Manhattan.
At the City Council on Monday
--The Committee on Transportation will meet at 10 a.m. for an oversight hearing regarding how New York can “more effectively address traffic congestion.”
--The Subcommittee on Zoning and Franchises will meet at 10:45 a.m.
--The Committee on Land Use will meet at 11 a.m.
--The Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse, and Disability Services will meet at 1 p.m. to discuss proposed laws relating to “requiring autism spectrum disorder reporting.”
At 10:30 a.m. Monday, Manhattan Borough President Gale Brewer will “join the Citizens’ Committee for New York City and the Manhattan Solid Waste Advisory Board (SWAB) to announce the 2017 slate of Community-Scale Composting Grant awardees” at Lydia’s Magic Garden in East Harlem.
At noon Monday, OATH Commissioner Fidel Del Valle, Queens Borough President Melinda Katz, Congresswoman Grace Meng, and others will announce an upcoming forum on “What to do if you get a city-issued summons.”
At 6 p.m. Monday, Congressional Rep. Adriano Espaillat will hold a town hall meeting at the Adam Clayton Powell, Jr. State Office Building. City Council Member Bill Perkins will be in attendance. Topics will include “comprehensive immigration reform, housing, health care, social security, seniors, youth, education and infrastructure.”
At 6:30 p.m. Monday, the New York City Bar Association will host “Part-Time vs. Full-Time State Legislatures: The Virtues and Potential Ethical Challenges.” Jennifer Rodgers of Columbia Law’s Center for the Advancement of Public Integrity will moderate a panel consisting of former Assemblymember Richard Brodsky; former US Attorney Robert Capers; and Richard Briffault, Professor of Litigation at Columbia Law School.
At 7 p.m. Monday, there will be a debate between candidates vying for the 40th City Council District seat at BKLYN Commons. The attending candidates will be incumbent Mathieu Eugene, as well as Brian Cunningham, Pia Raymond, Jennifer Berkley, and Rose St. Albord.
At 7 p.m. Monday, the Brooklyn Reform Coalition will host a forum for candidates for the Democratic nomination for Brooklyn District Attorney. Participants will be Acting DA Eric Gonzalez, City Council Member Vincent Gentile, Ama Dwimoh, Marc Fliedner, John Gangemi, Patricia Gatling, and Anne Swern. The forum will take place at the First Unitarian Church in Brooklyn Heights.
Tuesday
The New York State Legislature will be in session on Tuesday in Albany.
At 9:30 a.m. Tuesday, in Albany, the Senate Standing Committee on Corporations, Authorities, and Commissions will hold a public hearing regarding “the future hiring practices of the Port Authority of New York and New Jersey.”
On Tuesday at 10 a.m. in Washington Square Park, Gov. Cuomo and a variety of Democratic elected officials and activists will hold a rally to build support for flipping the House of Representatives in 2018.
At 8 a.m. Tuesday, the New York City Economic Development Corporation will hold a meeting at the Bulova Corporate Center in Queens regarding the proposed Sunnyside Yard Project.
At 8:30 a.m. Tuesday, the New York City Food Policy Center will host “Saving Regional Farms: Why Every New Yorker Should Care.” Panelists include City Council Member Dan Garodnick; Assemblymember Didi Barrett; Steve Rosenberg, of Scenic Hudson; Karen Washington, of Rise and Root Farm; and Chris Cashen, a farmer at Miller’s Crossing.
At 10 a.m. Tuesday, the Business Council of New York State will host its “Information Technology & Telecommunications Forum & Luncheon” at the Hilton Albany, “focusing on the issues of a state “iCenter”, cyber security, data breach, and internet issues related to business and privacy.” Newly appointed State CIO Bob Samson will address the luncheon.
At 12:30 p.m. Tuesday, Brooklyn Voters Alliance, which is part of the Easy Elections NY coalition, will rally outside Gov. Cuomo's Manhattan office to demand the governor live up to his word and prioritize voting reforms this legislative session.
At the City Council on Tuesday
--The Committee on Aging will meet at 10 a.m. for an oversight hearing regarding how to “improve and expand services” for “naturally occurring retirement communities.”
--The Committee on Resiliency and Recovery will meet at 1 p.m. for an oversight hearing regarding “preserving affordability in NYC’s flood zone.”
On Tuesday at 6 p.m. in Brooklyn, there is one in a series of hearings by the New York State Education Department, "seeking continuing stakeholder and public input as it develops the state Every Student Succeeds Act (ESSA) plan." There are "13 public hearings will be held across the state to gather feedback on the state’s draft ESSA plan and written comments will be accepted May 9 – June 16."
Wednesday
The New York State Legislature will be in session on Wednesday in Albany.
At 11 a.m. Wednesday in Albany, the Assembly Standing Committees on Social Services, Code, and Labor, as well as the Puerto Rican/Hispanic Task Force, will hold a joint public hearing to “review available services for victims of human trafficking.”
At 10 a.m. Wednesday, the City Planning Commission will hold a public meeting at Spector Hall.
At 12:30 p.m. Wednesday, the Vera Institute of Justice will host “The Fate of Police Reform in the New Administration.” Yale Law School Professor Tracey Meares will “connect [President Obama’s] Task Force’s recommendations with her recent research on police reform and discuss the relevance of both in a world in which federal efforts to push police reform are likely to diminish.”
At 5:30 p.m. Wednesday, City & State will host “Restoring New York’s Justice System: Truth, Fairness, and Transparency in Asbestos Litigation” at the Renaissance Albany Hotel, discussing why New York should pass the “Truth, Fairness, and Transparency in Asbestos Litigation Act.” Panelists include Judge Peggy Ableman, Special Counsel at McCarter & English; Phil Goldberg, Director of the Public Policy Institute’s Center for Civil Justice; and Paul Johnson, a filmmaker.
At 6 p.m. Wednesday, the Manhattan Institute will host “What's Happened to the University,” discussing the “profound cultural transformation” of the American university brought on by student protests. Panelists will include Frank Furedi, Professor at the University of Kent, and MI Senior Fellow Heather Mac Donald.
At 7:30 p.m. Wednesday, Brooklyn Young Democrats will host a candidates’ forum for Democratic candidates in Southern Brooklyn City Council races at the Salty Dog in Bay Ridge.
Thursday
The New York State Legislature will be in session on Thursday in Albany.
On Thursday, Hillary Clinton will deliver the commencement address for Medgar Evers College’s graduating class at the Barclays Center.
On Thursday and Friday, Civic Hall and Personal Democracy Media will host the 2017 “Personal Democracy Forum” at NYU’s Skirball Center, discussing technology and the Internet in politics in the age of Trump. Speakers include U.S. Senator Cory Booker; immigrant activist Jose Antonio Vargas; Shannon Coulter, founder of #GrabYourWallet; and others.
The full City Council will meet at City Hall at 1:30 p.m. Thursday. The meeting will be prefaced by the Speaker’s pre-stated press conference, hosted by Speaker Melissa Mark-Viverito.
At 7 p.m. Thursday, Mayor de Blasio will participate in a town hall at the Lost Battalion Hall in Rego Park, Queens. Also present will be Queens Borough President Melinda Katz, City Council Member Karen Koslowitz, Assemblymember Andrew Hevesi, and State Senator Toby Stavisky.
Friday and the weekend
At 8 a.m. Friday, New York Building Congress will host a “Construction Industry Breakfast” discussing transportation and infrastructure at the New York Marriott at the Brooklyn Bridge. Ali Chaudhry, Deputy Secretary of Transportation to Governor Cuomo, will discuss “the Governor’s transportation and infrastructure priorities in New York.”
At 10 a.m. Friday, HUB Third Avenue will host its “Annual Meeting and Leadership Breakfast,” honoring Bronx Borough President Ruben Diaz Jr, Bronx Overall Economic Development Corporation President Marlene Cintron, Roberto Clemente Plaza designer Garrison Architects, and a “lifetime achievement” award for Richard Propper.
At 10 a.m. Saturday, Congressional Rep. Adriano Espaillat will join a Q&A session with WE ACT for Environmental Justice regarding “the EPA, climate justice, and budget cuts.”
At 2:45 p.m. Friday, Mayor de Blasio will sit down with Buzzfeed editor-in-chief Ben Smith at the Northside Festival in Brooklyn. He will speak about “truth, lies, and politics in the Age of Trump.”
At 4:30 p.m. Saturday, Indivisible Rivertowns and Rockland Citizens Action Network will host “Trump Democrats: How the IDC Flips NYS Red” at the Ethical Culture Society of Westchester in White Plains. Senate Minority Leader Andrea Stewart-Cousins and Senator Michael Gianaris will “provide an inside view on the IDC.”
At 2 p.m. Sunday, there will be a “Queens Stand Up Rally” at MacDonald Park in Forest Hills for coming “together for liberty and our democracy in this uncertain time.”
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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).
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by Ben Brachfeld and Ben Max
@GothamGazette