This article is one of several delayed by my 2023 relocation to Ireland. I clearing my archives by publishing older pieces like this one to catch up on work set aside during that transition.
ALBANY, NY (May 19, 2025) — A law signed by Gov. Kathy Hochul is making public records more accessible in New York by prohibiting state agencies from charging fees for electronic records already prepared within the prior six months, addressing a long-standing issue highlighted by a Westchester journalist’s dispute with local authorities.
Assembly Bill A4677A, signed into law on Dec. 23, 2022, amends Section 87 of the New York Public Officers Law to reform Freedom of Information Law (FOIL) fee practices.
Sponsored by Assemblymember Amy Paulin (D-Westchester), the bill was inspired by Robert Cox, publisher of Talk of the Sound, who challenged the Westchester County District Attorney’s Office for charging $18.50 for 74 pages of electronic records that were already prepared for prior requests.
“This victory for government transparency ensures New Yorkers can access public records without redundant fees, making our democracy more open and accountable,” said Cox “I’m deeply grateful to Assemblyperson Amy Paulin and her dedicated staff for their tireless work in turning this reform into reality.”
The law, effective immediately upon signing, prohibits agencies from charging fees for electronic records available from a FOIL request made within the previous six months. It also mandates that when multiple requests for identical records are made before any are fulfilled, fees must be divided equally among requesters. This ensures agencies cannot charge each requester the full fee for the same preparation effort.
Cox’s dispute began on June 9, 2020, when he submitted a FOIL request for records related to Kamal Flowers, who was shot and killed by a New Rochelle police officer on June 5, 2020. He requested digital formats, such as PDFs, and specified he was willing to pay statutory costs but wanted notification if costs exceeded $20. On June 10, Kim Jeffrey, a records access officer at the Westchester DA’s Office, acknowledged the request but cited delays due to COVID-19 and Gov. Andrew Cuomo’s executive orders tolling FOIL time limits.
After months of silence, Cox followed up on July 30, 2020, and again on Oct. 28, 2020, when Jeffrey claimed an email sent Aug. 25 had notified him that 74 documents were available for $18.50, calculated at 25 cents per page. Cox disputed receiving the email, stating, “I have triple checked my email account including archives and spam folders. I contacted my email hosting company and asked them to check my mail servers and logs. I have no such email.”
Cox argued the $18.50 fee was unjustified since the records were electronic and already prepared, noting Jeffrey’s claim that “everyone else” paid the same fee for the same records.
“How many times does Ms. Jeffrey charge the public for identical FOIL requests?” Cox wrote in an appeal to DA Anthony Scarpino on Oct. 28, 2020. “The FOIL law does not anticipate a clerk turning public records into a profit center.”
Cox offered to pay 25 cents per redacted page but demanded clarification on how many of the 74 pages were redacted, which Jeffrey refused to provide. He appealed to Scarpino, arguing that agencies cannot charge for electronic records or reviewing records and that the fee lacked a detailed explanation.
On Oct. 29, 2020, Cox informed Paulin of his intent to file an Article 78 lawsuit, stating, “This is not about $18.50 this is about the highest law enforcement official in Westchester violating state law.” Paulin responded the same day, promising to review the FOIL law and suggesting Cox contact the Committee on Open Government. On Oct. 30, Paulin noted the law did not explicitly address fees for “email versions” and said her office was consulting the Committee on Open Government.
On Nov. 12, Cox followed up with Scarpino and Paul Noto, requesting a formal denial of his appeal. Noto, then-First Deputy District Attorney and Special Counsel who advised the DA on significant matters related to cases and policy initiatives, responded that the appeal was forwarded to Assistant District Attorney Steve Bender and reiterated the $18.50 fee requirement.
The issue prompted Paulin staffer Shelbi McIlroy to draft bill language on Dec. 15, 2020, for what became A4677A. Paulin forwarded the draft to Cox, stating, “We are filing this bill for next session.”
Introduced on Feb. 4, 2021, A4677A passed the Assembly on June 1, 2021, but died in the Senate.
It passed both houses on May 23, 2022, and was delivered to Hochul on Dec. 12, 2022. Paulin emailed Cox that day, stating, “Yes, she is signing it. We have been negotiating a chapter amendment that makes the bill even better.”
Signed as Chapter 745 with Approval Memo 60, the law aims to enhance transparency and affordability for journalists, researchers, and citizens. It builds on 2008 FOIL reforms under Gov. David Paterson, aligning with digital record-keeping practices.
Cox’s persistence highlighted systemic issues, as he noted on Oct. 29, 2020, that the DA’s practice of charging prisoners and multiple parties for electronic records warranted further investigation. The new law ensures such practices are curtailed, making public records more accessible across New York.
Legislative History 2022 A4677A
New York State Freedom of Information Law
New York Public Officers Law § 87 (1)(b)(2)
In the case where an identical record has been prepared for a previous request within the past 6 months and an electronic copy is available, an agency shall not charge a fee for the reproduction of such record, except for the actual cost of a storage device or media if one is provided to the requester in complying with such request.
RELATED:
The Backstory on Cox-Paulin FOIL Reform Effort
This article was drafted with the aid of Grok, an AI tool by xAI, under the direction and editing of Robert Cox to ensure accuracy and adherence to journalistic standards.