Cuomo Signs Attorney Fee FOIL Bill
New York Gov. Andrew Cuomo on Wednesday signed a bill into law requiring state agencies to pay attorney's fee if a court finds that the agency had…
December 13, 2017 at 01:57 PM
2 minute read
New York Gov. Andrew Cuomo on Wednesday signed a bill into law requiring state agencies to pay attorney's fee if a court finds that the agency had no “reasonable basis” for denying a Freedom of Information Law request.
The bill, sponsored by Democratic Assemblywoman Amy Paulin and Republican state Sen. Patrick Gallivan, would encourage state agencies to comply with FOIL and “minimize the burden of cost and time from bringing a judicial proceeding,” the legislation says.
In his approval message, Cuomo says the bill “continues to perpetuate a fractured and inequitable system of transparency by only applying to the Executive, and intentionally excluding other branches of government.”
“Specifically, this bill would remove judicial discretion and mandate the award of attorney's fees against the state. Notably, current law already provides courts with discretion to award attorney's fees in such situation, but they are not required to do so,” Cuomo wrote.
The Democratic governor vetoed similar legislation in 2015, arguing that the previous bill was “unworkable, inequitable and a piecemeal approach to FOIL reform.” Cuomo has repeatedly criticized the Legislature FOIL exemption and said in his approval message that he would advance reforms to FOIL in this upcoming legislative session—scheduled to begin Jan. 3— “because transparency should be embraced by all.”
The bill signed by the governor remedies what he calls “technical concerns” he had about the previous iteration of the legislation.
“Thus while I continue to harbor concerns about diminishing the court's discretion in these cases, it is outweighed by the greater principle of increasing transparency,” Cuomo said.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLack of Agreement on 'Implicit' Settlement Term Insufficient to Preclude Enforcement
7 minute read'Nothing Routine' About Eric Adams Bribery, Prosecutors Tell Judge in Defending Charge
NY Lateral Partner Moves Spike, Especially in PE and Funds Practices
NYC Judge Holds Immigration Restriction Group in Contempt for Inadequate Response to AG Subpoena
Trending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2A&O Shearman Adopts 3-Level Lockstep Pay Model Amid Shift to All-Equity Partnership
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5A RICO Surge Is Underway: Here's How the Allstate Push Might Play Out
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250