Assemblyman Fred Thiele today announced that he has introduced two pieces of legislation to strengthen the penalties for violating the Freedom of Information Law (FOIL) and the Open Meetings Law (OML), Articles 6 and 7 of the Public Officers Law, respectively. These two bills would ensure greater adherence to FOIL and OML by providing additional tools to deter illegal conduct.

The first piece of legislation would permit the assessment of civil penalties upon the wrongful denial of access to records under the Freedom of Information Law, where the court finds that an involved agency of the state had no reasonable basis for denying access to public records, of up to $1,500. Further, it subjects an agency or public official not promptly complying with court order under the provisions of this legislation to a civil penalty of up to $500 per day until the public records are provided.

The second measure would seek to make any member of a public body who participates in a meeting with the intent and purpose of violating the Open Meetings Law guilty of an offense. The penalty for a conviction of a first offense shall be punishable by a fine of between $350 and $1,000. For a conviction of the second or subsequent offense, the fine shall be between $500 and $2,000. Any fines, including the cost of prosecution, are the sole responsibility of those convicted. The state or any public corporation shall not make a payment nor reimburse a member of a public body for any fine or cost associated with such violation of the Open Meetings Law.

“There’s a famous saying that sunshine is the best disinfectant. I couldn’t agree more,” Assemblyman Thiele stated. “The penalties provided for under current statute simply have not been strong enough to ensure compliance, and this has been made even more apparent throughout the state’s handling of the COVID-19 pandemic. New Yorkers deserve an open and transparent government that they can trust, and I look forward to working toward the passage of these measures to ensure just that.”