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.
WHITE PLAINS, NY (May 24, 2025) — The Westchester County District Attorney’s Office (WCDA) continues to face questions over its 2020 handling of Freedom of Information Law (FOIL) requests for records related to Kamal Flowers, who was shot and killed by a New Rochelle Police Department officer on June 5, 2020. Three separate requests from Robert Cox of Talk of the Sound, Jonathan Bandler of The Journal News, and the Law Office of Richard St. Paul revealed inconsistencies in the office’s fee practices and record delivery, sparking a legislative change to address such issues.
Cox, publisher and managing editor of Talk of the Sound, submitted a FOIL request on June 9, 2020, seeking arrests, convictions, and warrants for Flowers. Bandler, a reporter for The Journal News, made a similar request on or before June 10, 2020, for public records related to Flowers. The Law Office of Richard St. Paul, representing the Flowers family, requested Flowers’ criminal records and medical examiner autopsy records on September 22, 2020.
Kim Jeffrey, the WCDA’s records access officer, informed Bandler on August 25, 2020, that 74 documents were available for $18.50, calculated at 25 cents per page.
Bandler received the records on September 15, 2020, after paying the fee, though no payment record was provided in response to Cox’s later FOIL request for related documents. Jeffrey claimed on October 28, 2020, during a call with Cox, that “everyone else” who requested the same documents paid the $18.50. Actually, it was only The Journal News had paid the few.
However, the timeline raises questions, as St. Paul’s request came after the records were prepared.
“They are telling me that SOME unstated number of the 74 pages they have pursuant to my request have been redacted but will not say how they redacted them or how many pages were redacted,” Cox wrote in an October 29, 2020, email to Assemblymember Amy Paulin. “They also say they produced these same records for other parties and no one else balked at paying the $18.50. That means they already did all of the work to locate, review, redact, scan these records so they are charging multiple times for the same work and records.”
St. Paul’s office faced delays, receiving no response within the required 20 business days.
On October 13, 2020, his office followed up, noting it had been 14 business days since their September 22 request. Jeffrey claimed a response was sent on October 7, 2020, but St. Paul’s office disputed this. This mirrors Cox’s experience with Jeffrey claiming email was sent when it was not. On October 28, 2020, Cox filed an appeal with District Attorney Anthony Scarpino, alleging a constructive denial of his June 9 FOIL request due to a 140-day delay in communication. Cox disputed Jeffrey’s claim that she sent an email on August 25, 2020, stating 74 documents were ready for $18.50 (she sent such an email to Bandler not Cox). “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 wrote. He noted that an email sent by Jeffrey on October 28 arrived within minutes, reinforcing his belief that no prior emails, beyond a June 10 COVID-related delay notice, were sent.
The dispute fueled Cox’s argument that the WCDA mishandled his request, as Jeffrey’s forwarded August 25 email on October 28 confirmed the records’ availability but not their prior notification. Cox’s appeal, granted by November 12, 2020, underscored the need for clearer FOIL processes, contributing to the push for Assembly Bill A4677A to reform fee practices for electronic records.
On November 11, 2020, St. Paul’s office filed an appeal, stating, “The Westchester County District Attorney’s Office has provided no adequate justification for its failure to produce the duly requested records.” No record confirms whether St. Paul’s office received the documents.
Cox disputed the $18.50 fee, arguing that electronic records already prepared should be free. “You may not charge me for electronic records nor may you charge me for paper records if your office has a Printer/Scanner/Copier,” he wrote in his October 28, 2020, appeal to District Attorney Anthony Scarpino. He offered to pay 25 cents per redacted page but refused to pay without knowing how many pages were redacted. On November 12, 2020, Paul Noto, a senior WCDA official, reiterated that records would be released upon payment. Ultimately, after Cox involved Amy Paulin, Cox’s appeal was granted and he received the records without paying the $18.50 fee.
On November 14, 2020, Cox submitted a “meta FOIL request” for all records related to FOIL requests for Flowers’ records from June to November 2020. Jeffrey’s November 24, 2020, response revealed Bandler and St. Paul as the other requesters but omitted Bandler’s original request and any delivery email to St. Paul. “While she sent me some records, they were not complete,” Cox noted, highlighting the incomplete fulfillment of his request.
The dispute prompted Cox to contact Assemblymember Amy Paulin, who reviewed the FOIL law and consulted the Committee on Open Government. On December 15, 2020, Paulin’s staff drafted Assembly Bill A4677A, prohibiting agencies from charging fees for electronic records prepared within the past six months. The bill passed the Assembly and Senate on May 23, 2022, and was delivered to Governor Kathy Hochul on December 12, 2022. Hochul signed the bill into law on December 23, 2022. The law was promulgated in an update version of the FOIL Law in 2023. The legislative change, spurred by Cox’s challenge, aims to prevent agencies from charging multiple requesters for the same electronic records, addressing the issues raised by the WCDA’s handling of the Flowers FOIL requests.
RELATED:
The Backstory on Cox-Paulin FOIL Reform Effort
Should Prisoners Pay District Attorney FOIL Fees for Their Own Case Records?
Medical Examiner Records Dispute Clouds Kamal Flowers Case
Westchester DA Must Pay Back Dupe FOIL Fees
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.