Opn. No.

Kevin D. Fennell, Esq. Informal Opinion City Attorney No. 2002-4 City of Batavia 432 East Main Street Batavia, New York 14020

Dear Mr. Fennell:

Your office inquired whether the City of Batavia ("city") may reimburse a member of its city council for filing fees incurred in unsuccessful litigation brought against the city pursuant to the State Open Meetings Law (Public Officers Law §§ 100 — 111). We conclude that the city may not, consistent with the "gift or loan" prohibition of the State Constitution (N.Y. Const., Art. VIII, § 1), reimburse such filing fees. Because there is neither express nor…