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Keeping public records secret is costing Mass. state and local agencies

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Keeping public records secret is costing Mass. state and local agencies
The state’s public records law allows records requestors to get legal fees reimbursed if they go to court and win. Cities and towns have paid out tens of thousands of dollars as a result.
In NY State if your FOIL request is ignored or denied, your only recourse is to hire an attorney and sue.
 
In NY State if your local government is not complying with the Open Meetings Law, your only recourse is to hire an attorney and sue.
 
Hiring an attorney costs thousands of dollars that you have to personally pay, which makes filing a lawsuit very difficult and very unlikely. Government officials know this and they are not afraid of being sued as it rarely happens.
If you file a lawsuit and win the governmental agency that you sued should without question be ordered to pay for your attorney fees. In NY unlike other states it is very hard to get your attorney fees paid. The NY Coalition For Open Government is working on changing this.
 
In Massachusetts after a change in their law people are being awarded attorney fees as discussed in the article below. Governmental agencies are now starting to take notice in Massachusetts that breaking the law might be expensive for them.

The Author

Paul is the founder of the NY Coalition For Open Government and has truly loved seeing it become what it is today and is excited about its future growth.

As an attorney for 32 years, he is a partner in the law firm of Berzer & Wolf. Prior to his private law practice, Paul served in several government positions with the Buffalo Common Council, Buffalo Housing Authority, and Erie County.

When he is not practicing law and doing open government stuff, Paul enjoys spending time with his spouse, Cheryl, and his three children, Michael, Joseph, and Julia. Paul resides in Amherst, NY, a suburb of Buffalo.

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