A state appellate court on Tuesday rejected the appeal of a fiscal policy group that has sought to obtain the names of retired New York City police officers and the pension benefits they collect.
In a tersely worded, unanimous ruling, the Appellate Division of state Supreme Court in Manhattan sided with a lower court, ruling the city fund does not have to make that information public.
The Empire Center for Public Policy, a conservative fiscal watchdog group, submitted a Freedom of Information Law request to the pension fund in January 2010, asking for a list all retired members of the fund, including names, gross annual benefits over several years and their retirement dates.
The fund refused to comply with the request, a departure from the disclosure policy of other systems, including funds covering police officers outside the city.
A Manhattan Supreme Court justice ruled against the Empire Center in December, citing a 1983 ruling that exempted the names of pension beneficiaries and their addresses from disclosure. The Empire Center argued its case was different: it wasn’t seeking addresses, and it wanted the names of just pensioners, not beneficiaries, which are defined separately under the law.
“If allowed to stand, this decision will be a massive blow to open government and transparency in New York,” said Timothy Hoefer, director of the Empire Center. Hoefer said the group would ask the Court of Appeals, the state’s highest court, to hear the case.
“The Court properly held that the names and addresses of retirees of the New York City Police Department receiving pensions and annuities are exempt from disclosure under the Freedom of Information Law,” said Elizabeth Freedman, a senior counsel for the New York City Law Department, which represented the police pension fund…..
“The biggest problem for the state is the enormous, recurring structural budget gap starting next year and into the future,” said E.J. McMahon of the conservative-leaning Empire Center. “Cuomo clearly hopes that starting in 2021, (Democratic presidential candidate Joseph) Biden and a Democratic Congress will provide states and local government a couple of year’s worth of added stimulus. Read More
Ed McKinley
ALBANY — When the New York Constitution was reorganized nearly 100 years ago to give the governor more power over the budget process, noted there was a risk of making “the governor a czar."
M Read More
Michael Gormley
ALBANY — A new study by a conservative think tank says President Donald Trump’s 2017 tax law gave most New Yorkers a tax cut, even as Gov. Andrew M. Cuomo insists on repealing the measure because he says it will cost New Yo Read More
Johan Sheridan
ALBANY, N.Y. () — The Empire Center filed a against the state Department of Health on Friday.
“This case isn’t about assigning blame or embarrassing political leaders,” said Bill Hammond, the Empire Center’s Read More
The Empire Center first reported Tuesday that grants — 226 of them, totaling $46 million, to recipients selected by the governor and individual state lawmakers — seemed to still be going ahead. Read More
With lingering questions about how the novel coronavirus killed thousands of New Yorkers who lived in nursing homes, a group of state lawmakers is pushing to create an independent commission to get answers from the state Department of Health. Read More
“The importance of discussing this and getting the true facts out is to understand what did and didn’t happen so we can learn from it in case this happens again,” Hammond said. Read More
No doubt, the Health Department and the governor would like this report to be the final word on the subject.
But if it’s all the same with them, we’d still like a truly independent review. Read More