Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
| Tracking # |
W012945-061620 |
| Submitted | June 15, 2020 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All materials and records describing and sufficient to show/disclose all allegations of misconduct made and all disciplinary proceedings taken against any officer, employee, or representative of this policing agency.
As described in the New York Freedom of Information Law, a record is "any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes." Records kept in a digital or electronic form are also records, would be responsive to this request, and should be provided.
These records are typically required to be retained under the New York State Records Retention and Disposition Schedule MU-1 (http://www.archives.nysed.gov/records/retention_mu-1), including, but not limited to, item no. 365, which includes: "Investigative records and disciplinary proceedings, including but not limited to statement of charge, transcript of hearing, notice of decision, letter of termination or resignation, letter of reinstatement, record of appeal procedure, and correspondence." While materials under that schedule have a set retention of 3 years after the final decision rendered, this request and materials responsive to it include *all* records held in the possession of any office or individual employed or formerly employed by this policing agency, including those kept off-site, in digital form, and in personnel files.
Please note that any failure to provide all potentially-responsive materials and/or the destruction of materials potentially responsive to this request would be a violation of the spirit of the New York Freedom of Information Law, as well as unlawful under the New York FOIL and the terms of the attached litigation hold notice.
Materials responsive to this request include — but are not limited to — all complaints, reports, records of discipline and penalties, aggregate collections of complaint and disciplinary materials (spreadsheets, databases), investigatory materials, relevant related correspondence, photographs, video, other related evidence, proof of discipline or fulfillment of penalties, and all personnel materials (including those used in promotion, contract, and other employment negotiations and considerations) that reference or utilize misconduct allegations or disciplinary materials of any sort.
Materials responsive to this request include all complaints— internal, external, and civilian — and include records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident/complaint: date, time, location, nature of the incident, description of the incident, nature of the investigation, investigatory materials, the disposition of the case, and any subsequent materials related to the execution of any resultant discipline. Responsive materials include all complaints and allegations against any officer, employee, or representative of this policing agency, regardless of whether that complaint or allegation resulted in any investigation or disciplinary action.
Responsive materials also include all records of use of force by officers, including records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident: date, time, location, nature of the incident, description of the incident, nature of the use of force, subsequent investigatory materials related to the use of force, the disposition of any investigation into the incident, and any subsequent materials related to the use of force.
Please provide materials on a rolling basis, beginning with materials created during the following timeframes:
• January 1, 2010 - June 15, 2020
• January 1, 2000 - January 1, 2010
• January 1, 1990 - January 1, 2000
• January 1, 1980 - January 1, 1990
• January 1, 1970 - January 1, 1980
Pursuant to NYCRR Section 1401.5(c)(1), should any of this request be unclear or lack sufficient description for your office, please provide direction that would enable this requester to request records reasonably described. Please also note that the New York FOIL states: "An agency shall not deny a request on the basis that the request is voluminous or that locating or reviewing the requested records or providing the requested copies is burdensome because the agency lacks sufficient staffing or on any other basis if the agency may engage an outside professional service to provide copying, programming or other services required to provide the copy...." Please also see FOIL AO 19671, an Advisory Opinion from the Committee on Open Government [https://docs.dos.ny.gov/coog/ftext/f19671.htm].
If your office has questions about this request or would like to discuss it for any reason, please contact this requester via the contact email address provided and feel free to follow up by phone: 617-299-1832. This request is being submitted to each policing agency in New York as part of a collaborative project led by MuckRock and involving multiple other educational and journalistic partners and participants. For this reason, over the lifetime of this request, your agency may interface with individuals not listed on this initial communication.
This request is being made in the public interest by a news organization as part of non-profit (not commercial) journalistic work and research on behalf of the public. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request and as part of the necessary negotiations for successful processing. As far as it is possible, please fulfill elements of this request electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Officer Accountability NY
From: City of Albany Police Department
Dear Officer ,
This is an email notifying you that your password has changed.
City of Albany
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: City of Albany Police Department
Dear Officer Accountability:
I am in receipt of your Freedom of Information Law request, dated 6/16/2020. Your request is being reviewed, and could take up to 20 business days to be completed.
Under NYS Law, you may be charged $.25 per page for photocopying (if applicable), or other fees allowed under the Public Officers Law (our fee = $10/CD-DVD).
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
07/13/2020
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Due to the current Covid-19 pandemic and offices working with limited capability, the department working on collecting the information required to comply with your FOIL request has requested and been granted an additional 20 business days extension. The new anticipated completion date of your FOIL request will be August 10th, 2020.
Should you have any questions or require additional information, please let me know.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
08/13/2020
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Due to offices currently working with limited capability, the department working on reviewing and processing the information required to comply with your FOIL request has requested and been granted another 20 business days extension. The new anticipated completion date of your FOIL request will be September 10th, 2020.
If you have any questions feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
09/10/2020
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Due to offices currently working with limited capability, the department working on reviewing and processing the information required to comply with your FOIL request has requested and been granted another 20 business days extension. The new anticipated completion date of your FOIL request will be October 8th, 2020. If you have any questions feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
10/08/2020
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Due to offices currently working with a limited capability, the department working on reviewing and processing the information required to comply with your FOIL request has requested and been granted another Twenty (20) Business Day extension. The new anticipated completion date of your FOIL request will be November 6th, 2020.
Should you have any questions feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
11/04/2020
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Due to offices still currently working with limited capability, the department working on reviewing and processing the information required to comply with your FOIL request has requested and been granted another 20 business dat extension. The new anticipated completion date of your FOIL request will be December 4th, 2020.
If you have any questions, feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
12/07/2020
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Offices are still currently working with limited capability, the department working on reviewing and processing the information required to comply with your FOIL request has requested and been granted another twenty business day extension. The new anticipated completion date of your FOIL request will be January 6th, 2021.
If you have any questions, feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
01/05/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Due to offices still currently working with limited capability, the department working on reviewing the processing the information required to comply with your FOIL request has requested and been granted another twenty business day extension. The new anticipated completion date of your FOIL request will be February 4th, 2021.
If you have any questions, feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
02/04/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Due to offices still currently working with limited capability, the department working on reviewing the processing the information required to comply with your FOIL request has requested and been granted another 20 business day extension. The new anticipated completion date of your FOIL request will be March 5th, 2021.
If you have any questions, feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
03/04/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Another twenty business day extension was requested by the department working on reviewing the information required to comply with your FOIL request. The new anticipated completion date of your FOIL request will be April 1st, 2021.
If you have any questions, feel free to contact my office.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
04/05/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Another twenty business day extension was requested by the department working on reviewing the information required to comply with your FOIL request. The new anticipated completion date of your FOIL request will be May 3rd, 2021.
If you have any question, feel free to contact my office.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
05/03/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
Another twenty business day extension was requested by the department working on reviewing the information required to comply with your FOIL request. The new anticipated completion date of your FOIL request will be June 2nd, 2021.
If you have any questions, feel free to contact my office.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
Subject: Service Request Updated :: W0129145-061620
Body:
05/28/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W0129145-061620
RE: Public Records Request for Police Department Documents and Reports records
Dear Officer Accountability,
Another twenty business day extension was requested by the department working on reviewing the information required to comply with your FOIL request. The new anticipated completion date of your FOIL request will be June 30, 2021.
If you have any questions, feel free to contact my office.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
06/04/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
The department that is currently working on reviewing and processing the information required to comply with your FOIL and has requested and has been granted another 20 business day extension. The new anticipated completion date of your FOIL request will be July 29th, 2021.
If you have any questions feel free to contact me.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
07/28/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
I will like to inform you that another twenty business day extension was requested by the department working on reviewing the information required to comply with your FOIL request. The new anticipated completion date of your FOIL request will be August 26th, 2021.
If you have any questions, feel free to contact the City Clerk's Office.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
08/27/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
The department currently working on reviewing and processing the information required to comply with your FOIL has requested and has been granted another twenty business day extension. The new anticipated completion date of your FOIL request will be September 27th, 2021.
If you have any questions, feel free to contact my office.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
Subject: Service Request Updated :: W012945-061620
Body:
08/27/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
The department currently working on reviewing and processing the information required to comply with your FOIL has requested and has been granted another twenty business day extension. The new anticipated completion date of your FOIL request will be October 25th, 2021.
If you have any questions, feel free to contact my office.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
10/26/2021
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
RE: Public Records Request for Other records
Dear Officer Accountability,
I am in receipt of your Freedom of Information Law request, dated 6/16/2020 6:44:11 AM.
The responding department has requested and been granted an additional extension, the new anticipated completion date is November 23, 2021.
Under NYS Law, you may be charged $.25 per page for photocopying (if applicable), or other fees allowed under the Public Officers Law. If your requests requires the creation of a CD or DVD, our fee is $10 per CD/DVD.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
01/06/2022
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
Dear Officer Accountability,
Your request is hereby denied for the following reasons, please see below response from the Albany Police Department:
I regret to inform you that the information sought is denied. The Albany Police Department does not maintain a formal report for the information requested. Each document is individual based. There is currently no way to extract that data electronically, but APD is working towards creating such for the future. If the requestor wants disciplinary records for specific Officers (name) or a specific incident, said information can be provided.
Any person denied access to records may appeal the denial in writing within 30 days. Such appeals should be addressed to:
Appeals Officer
Robert Schofield
City Hall, Room 202
Albany, NY 12207
Please specify the provisions of the law under which you are filing the appeal. An appeal must be decided in writing within 10 business days of the receipt of the notice of appeal.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
From: City of Albany Police Department
--- Please respond above this line ---
01/06/2022
Officer Accountability
MuckRock News DEPT MR 95730
Somerville, MA 02144
FOIL NO: W012945-061620
Dear Officer Accountability,
Your request is hereby denied for the following reasons, please see the below response from the Albany Police Department:
I regret to inform you that the information sought is denied. The Albany Police Department does not maintain a formal report for the information requested. Each document is individual based. There is currently no way to extract that data electronically, but APD is working towards creating such for the future. If the requestor wants disciplinary records for specific Officers (name) or a specific incident, said information can be provided.
Any person denied access to records may appeal the denial in writing within 30 days. Such appeals should be addressed to:
Appeals Officer
Robert Schofield
City Hall, Room 202
Albany, NY 12207
Please specify the provisions of the law under which you are filing the appeal. An appeal must be decided in writing within 10 business days of the receipt of the notice of appeal.
Sincerely,
Danielle Gillespie,
City Clerk / Records Access Officer
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