Holding New York Government Agencies Accountable

Lesley Brovner & Mark Peters
February 26, 2026

Many businesses and nonprofits do business with New York City and State Government.  If you are one of those entities it is important to know your rights with regard to that business relationship and how to hold government agencies accountable if they violate your rights.  Like any business relationship, both parties have rights that can enforced.

Understanding Government Accountability in New York

New York City and State rely on a multitude of for profit and nonprofit organizations to fulfill their obligations to their citizens.  Those for profit and nonprofit entities have the right to ensure that they are being treated fairly and that the City and or State are upholding their end of the bargain.  There are several governmental entities that are responsible for making sure that all parties live up to their legal obligations, although for private entities doing business with the government, it is sometimes important to take this into their own hands via private litigation.

The Role of Oversight and Investigation in Government Operations

The primary government oversight entities are, for the City, the Comptroller’s Office and the City’s Department of Investigation (New York’s Inspector General).  For the State, the oversight entities are the State Comptroller’s Office and the State’s Inspector General’s Office.  The New York State Attorney General’s Office also has oversight powers in some instances.  However, these entities have limited resources which means they are not always available when the government mistreats its private sector partners.

Common Issues That Lead to Government Misconduct

For a variety of reasons, the government does not always comply with its obligations.  Sometimes this is due to a lack of resources both in terms of personnel or technology that make it difficult to keep up with its workload.  Other times, staff make mistakes and oversight is lacking.  At times, these errors, can snowball:  Once the original error is made, the government becomes committed to a position and finds it difficult to turn back.

Legal Tools for Holding Agencies Accountable

There are many different avenues for holding the government to account.  Strongly written lawyers letters to people at the agencies, escalating to letters to the various oversight agencies or even the State Attorney General can be a very good start.  If all else fails, private litigation may be an option.

Whistleblower Protections and Reporting Misconduct

New York State’s Whistleblower protection law, codified in section 740 of the New York State Labor Law, Provides that:

An employer shall not take any retaliatory action against an employee, whether or not within the scope of the employee’s job duties, because such employee does any of the following:

(a) discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that the employee reasonably believes is in violation of law, rule or regulation or that the employee reasonably believes poses a substantial and specific danger to the public health or safety

(b) provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any such activity, policy or practice by such employer

(c) objects to, or refuses to participate in any such activity, policy or practice.”

The statute provides broad protection to employees who report dangerous or illegal conduct by their employers.  This applies to government as well as private sector employees.

Additionally, New York City also has a Whistleblower statute that protects employees of the City or employees of businesses that contract with the City.  That law prohibits retaliation against such employees who report misconduct to certain specified City agencies and officials.

Steps to Take if You Suspect Government Misconduct

While there are a number of steps you can take if you suspect government misconduct, the exact steps are all highly context specific.  They depend upon whether you are a government employee (or an employee of a government contractor) and whether the misconduct violates a particular statute (City, State or federal) – either criminal or civil.  If you believe you are aware of misconduct, you should talk to an experienced attorney to determine both your obligations and your rights.

The Importance of Transparency, Public Integrity and Government Accountability

Government agencies play a vital role in society and maintaining their integrity and transparency is crucial.  If you are aware of misconduct, depending on your position you may be obligated to report it and, even if you are not, may decide that it is in your, your company’s or society’s best interest to do so – thus holding the agency and its officials accountable.  However, given the many different rules governing such disclosure, you may wish to consult with an experienced attorney prior to acting.

Contact Peters Brovner Today!

The attorneys at the law offices of Peters Brovner LLP have many years of experience dealing with government misconduct and holding the government to account.  Before founding Peters Brovner LLP, Lesley Brovner and Mark Peters served as First Deputy Commissioner and Commissioner of New York City’s Department of Investigation (“DOI”), one of the oldest law enforcement agencies in the country. At DOI, they oversaw the Inspectors General for all New York City agencies and supervised hundreds of investigations that resulted in criminal prosecutions and major agency reforms.

Prior to DOI, Lesley was a prosecutor for many years at the New York State Attorney General’s Office where she focused on complex, white collar investigations and Mark was chief of the public corruption unit at the Attorney General’s Office.

If you or someone you know has information about government misconduct and want to know your responsibilities and rights, please reach out to the lawyers at Peters Brovner LLP for a consultation.