AMY PAULIN IN THE NEWS

Friday, August 08, 2008
State on Hook for Fees When Losing Public-Record Lawsuits

By Heather Senison [The Journal News]

People who successfully sue the state to get access to public records and attend government meetings no longer will have to pay their own legal fees, under a bill signed this week by Gov. David Paterson.

"This legislation will deter government agencies from violating the Open Meetings Law," said Robert Freeman, executive director of the state Committee on Open Government.

Paterson also said he vetoed 33 bills, many of which he said would have required spending the state can't afford.

The freedom of information bill, which takes effect immediately, requires that government agencies that lose such lawsuits pay the legal bills of those who sued.

The legislation encourages people who have been wronged by the public process to take action, since the cost of a lawsuit can be prohibitive, said Assemblywoman Amy Paulin, D-Scarsdale.

According to a memo accompanying the bill, the costs will have to be reasonable, and reimbursement will not be awarded for a lawsuit that potentially could have been settled without court action.

"When government is required to be more open and accountable, it benefits everyone. It helps restore the people's confidence in the public process," said Paulin, who sponsored the bill along with Sen. Stephen Saland, R-Poughkeepsie.

Among the vetoed bills were ones that would have:

Provided incentives for the owners of bars and restaurants to have bartenders and others take training courses to help lower insurance premiums.
Required state agencies to provide preferences to small-business owners and entrepreneurs in programs they administer.
Exempted from sales taxes $40 coupons the federal government is issuing to help TV owners convert from analog to digital reception next year.
Allowed the Northeast Central School District in Dutchess County to spread a state aid-overpayment refund of $307,000 due the state over six years. Paterson said the district has the money and should repay the state all of the money this year.
Made it easier for victims of Lyme disease to get workers' compensation benefits.
Removed the requirement that police officers and firefighters prove that heart problems were the result of a work-related accident to get higher benefits.
Given state troopers injured on the job full salary and payment of all medical bills until they retire.
Set up an Upper Delaware River Greenway Council to boost tourism along the river.

Paterson also signed bills that:

Give volunteer firefighters and ambulance workers access to health insurance plans offered to municipal employees.
Require special training for teachers and administrators who deal with autistic children.