New York’s Freedom of Information Law (FOIL) grants the public the right to access government records, but enforcement is weak or nonexistent. The Committee on Open Government (COOG), which oversees FOIL and the Open Meetings Law (OML), has only advisory powers, meaning it cannot enforce compliance.
As a result, the only way for residents to challenge violations is by filing a costly and time-consuming Article 78 lawsuit—a major barrier to government transparency.
The New York Coalition for Open Government is working to strengthen these laws by drafting legislation and partnering with lawmakers to ensure real enforcement and accountability.
New York’s Constitution Lacks a Right to Open Government – It’s Time to Change That.
(Assemblymember Steck & Senator May).
Four states—California, Florida, Louisiana, and Montana—have guaranteed open government in their state constitutions. New York has passed constitutional amendments on environmental rights and equality, and it’s time to do the same for government transparency.
Senator May and Assemblymember Phil Steck have introduced a simple but powerful amendment:
“The right to public information, being a necessary and vital part of democracy and public deliberation, shall be a fundamental right of the people. The right of the people to inspect and/or copy records of government, and to be provided notice of and attend public meetings of government, shall not be unreasonably restricted.”
As legislatures across the country attempt to weaken public access to information, New York must take action to protect transparency for future generations.
Getting attorney fees awarded for a successful Freedom of Information or Open Meetings lawsuit is not easy. Our bill addresses that.
(Assemblymember Steck & Senator Liu).
New York’s attorney fee statute is weaker than those in many other states, making it harder for plaintiffs to recover legal costs after winning transparency-related cases. Unlike states such as California and Florida, where attorney fees are awarded when a party simply “prevails,” New York requires a higher standard of “substantially prevailing.”
This creates legal uncertainty, particularly in Article 78 cases, where plaintiffs challenge government agency decisions. Even if successful, plaintiffs must prove not only that they won but also that the agency lacked a reasonable basis for denying their Freedom of Information Law (FOIL) request—an extra hurdle not required in many states.
Similarly, under the Open Meetings Law, agencies can avoid paying attorney fees if they claim a “reasonable basis” for an improper executive session. This bill tightens that standard, limiting a “reasonable basis” defense to cases where the agency relied on a published appellate court decision or a published opinion from the Committee on Open Government based on substantially similar facts. When the public wins transparency cases, they shouldn’t be left footing the bill.
Public officials are required to follow transparency laws — but too many don’t, whether by choice or because they were never properly trained. This bill requires annual training on FOIL and Open Meetings Law for local officers, clerks, attorneys, and records access officers.
(Assemblymember McMahon).
Currently, many public officials lack proper training on these laws, leading to delays, denials, and violations that limit government transparency. Other states already require elected officials to complete open government training, and New York should do the same.
This bill mandates annual training for local public officers in New York — including clerks, attorneys, records access officers, and FOIL appeal officers — on the Open Meetings Law (OML) and the Freedom of Information Law (FOIL). Specifically, it requires a minimum of two hours each year: one hour on OML and one hour on FOIL.
By ensuring officials understand FOIL and OML requirements, this bill improves compliance, reduces legal disputes, and strengthens public access to government records and meetings. Transparency starts with knowledge — let’s make it a requirement.
Requires public bodies to offer hybrid meetings with videoconferencing and closed captioning so the public can watch and participate remotely. Makes temporary hybrid meeting provisions permanent and creates a grant fund to help municipalities afford the technology.
(Assemblymember Simone & Senator May )
New York’s Open Meetings Law currently allows — but does not require — public bodies to offer videoconferencing for their meetings. That means many boards, commissions, and agencies simply choose not to, shutting out community members who cannot attend in person.
This bill would change “may” to “shall,” requiring all public bodies to provide hybrid meetings with web-based videoconferencing and closed captioning. For elected bodies, a quorum must still be physically present; for appointed boards, the presiding officer (or a designee) must attend in person. Meetings must be recorded with captions and posted online, and minutes must document who participated remotely.
The bill also makes permanent the temporary hybrid meeting provisions that have been extended year after year since 2022, and creates a Municipal Hybrid Meeting Trust Fund with a competitive grant program — with preference for rural areas — to help local governments acquire the technology they need.
The pandemic proved that remote access to public meetings benefits older adults, parents, people with disabilities, and anyone who cannot be in the room. It is time to make that access a permanent right, not an optional courtesy.
📖 Read the Live Streaming Report by the New York Coalition for Open Government to learn more.
Currently, if your Freedom of Information Law request or Open Meetings Law issue is ignored or denied, your only recourse is to sue. We have drafted a bill that would provide independent hearing officers to hear such cases.
New York’s Open Meetings Law (OML) and Freedom of Information Law (FOIL) lack any enforcement mechanism—there is no independent body to ensure compliance, and violators face no fines or penalties. Unlike other states, where agencies can be fined or held accountable for restricting public access, the only option in New York is for individuals to hire an attorney and file an Article 78 lawsuit, which can be expensive and time-consuming.
A proven solution already exists. In 1982, New York created the Small Claims Assessment Review (SCAR) system to help homeowners challenge property tax assessments without needing a lawyer. For a $30 filing fee, applicants have their case reviewed by a hearing officer—an attorney, realtor, or real estate expert—who issues a decision. In 2020 alone, 102,000 cases were resolved through this system.
This same model can and should be used for FOIL and OML appeals.
Many people are shocked to learn that in New York State they do not have a right to speak at their town board, city council or county legislature meetings. The right to be heard, which is a fundamental democratic right should be required by law.
Many New Yorkers are shocked to learn they have no legal right to speak at town board, city council, or county legislature meetings. New York’s Open Meetings Law (OML) does not require a public comment period, meaning local governments can choose to silence residents. While many allow public input, 177 towns in New York do not, as documented in a recent report by the New York Coalition for Open Government.
At least 13 states, including California, New Jersey, and Pennsylvania, mandate public comment periods at meetings. New York should do the same. The right to be heard is a fundamental democratic principle, and it must be protected by law.
In 2021, we helped pass a law ensuring public access to meeting documents 24 hours in advance, strengthening government transparency.
(Assemblymember Paulin & Senator Kaplan).
In 2021, the New York Coalition for Open Government played a key role in advocating for stronger public access to government records, leading to the passage of A1228A/S1150A, sponsored by Assemblymember Amy Paulin and Senator Anna Kaplan.
Before this law, public bodies could withhold key documents before meetings by citing a vague requirement to release information only “to the extent practicable.” As a result, residents often had no access to important materials before decisions were made.
With the passage of this bill, agencies are now required to post documents online or provide them upon request at least 24 hours before public meetings. This ensures greater transparency, accountability, and public participation in government decision-making.
The Coalition’s research and advocacy helped drive this change, proving that grassroots efforts can lead to real legislative victories for open government in New York!
In 2021, we secured a law requiring public bodies to post meeting minutes online, ensuring greater transparency. Now, New Yorkers can easily access government decisions and hold officials accountable.
(Assemblymember Paulin & Senator Kaplan).
In 2021, the New York Coalition for Open Government successfully pushed for a new law requiring public bodies to post meeting minutes online within two weeks of an open meeting and one week of an executive session.
Previously, the Open Meetings Law (OML) only required agencies to provide minutes upon request, and many local governments failed to post them online. A Coalition study found that 70% of local governments did not post minutes from their last meeting before the next one took place.
With the passage of this law, agencies with websites and internet access must now post meeting minutes online, ensuring greater transparency and accessibility for the public. This major win empowers New Yorkers to stay informed and hold government officials accountable.
📖 Read more about our legislative successes here.
