The city of New York has been ordered to pay the legal costs and fees to the Empire Center for Public Policy in connection with the Center’s successful effort to obtain city payroll data under the state Freedom of Information Law (FOIL).

The Empire Center filed suit last year in state Supreme Court after the City failed to fully comply with a July 2015 FOIL request for the city’s payroll. Following a lengthy delay, the city refused to provide any salary information for the Police Department’s undercover officers, despite the Empire Center’s willingness to accept salary data excluding the officers’ names. The data was requested for inclusion in SeeThroughNY, the Empire Center’s government transparency website.

In a six-page opinion, Justice Kathyrn E. Freed said the city had failed to demonstrate that the release of aggregate payroll information on undercover officers “would in any way endanger them, impede their work, or give valuable information to those attempting to evade their investigations.”

“Although this information would reveal the size of city law enforcement agencies’ undercover program, that is the only information it would provide,” she added. “Standing alone, it is an insufficient basis on which to implicate this exemption.”

“This case was remarkable because the city refused to answer basic questions about how many people it was paying and what they were making,” said Tim Hoefer, executive director of the Empire Center. “We’re glad Judge Freed recognized that the city’s effort to conceal the size and cost of an entire segment of its payroll was inappropriate, and that she sent such a clear message to other government agencies that would hinder the public’s right to this type of information.”

The case, Empire Center for Public Policy v. NYC Office of Payroll Administration, Index No. 100079/2016, was heard in New York County. The decision can be viewed here.

The Empire Center, based in Albany, is an independent, nonpartisan, not-for-profit think tank dedicated to promoting policies to make New York a better place to live, work and do business.

You may also like

New Public Authority Payroll Data Now Posted at SeeThroughNY 

2020 payroll data for a total of 79,146 employees at 331 different New York State public authorities is now posted at SeeThroughNY.net, the Empire Center’s transparency website. Read More

Three of 62 Requested COVID Data Sets Made Available through FOIL

Just three COVID data sets have been made fully available in the month since the Empire Center officially submitted 62 FOIL requests Read More

NYC Public Educator Pensions Rise Again

Average pension benefits paid to newly retired public educators in New York City rose again in 2020, according to data posted today at SeeThroughNY.net for New York City Teachers’ Retirement System (NYCTRS).  Read More

Authorities Payroll Added to SeeThroughNY

The latest payroll data for a total of 13,615 employees at 54 different New York State public authorities was posted today at SeeThroughNY.net, the Empire Center’s transparency website. Read More

Empire Center Ranks Local Taxes, Spending and Debt Across NY

The Empire Center today released its annual “Benchmarking New York” report, comparing and ranking government tax, spending and debt levels for hundreds of counties, towns, cities and villages throughout New York. Read More

FDNY Pensions Average More Than $129,000

The 471 Fire Department of New York (FDNY) officers and firefighters who retired in calendar year 2018 are eligible for average pensions of $129,259, according to data posted today at SeeThroughNY.net, the Empire Center’s transparency website. Read More

One in four NYSTRS educators earned six figures in 2018-19

More than 25 percent of public school teachers and administrators in school districts outside New York City were paid more than $100,000 as of 2018-19, according to salary data posted today at SeeThroughNY.net, the Empire Center’s transparency website. Read More

Corrections Retirees Had Highest Average NYCERS Pensions

Corrections Department employees qualified for average pensions of nearly $70,000, the highest average benefit for any agency grouping among the 7,990 New York City Employee Retirement System (NYCERS) members collecting their first full year’s worth of pension benefits in 2018, according to data posted today at SeeThroughNY.net, the Empire Center’s transparency website. Read More