Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Bedford Town Police Department of Bedford, NY.

It is a clone of this request.

Tracking #

2020-00084

Status
Rejected

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,

Beryl Lipton

From: Bedford Town Police Department

Good Evening Beryl,

The FOIL request you submitted to the Town of Bedford has been received by the Town Clerk's office.

Please see the attached letter.

Thank you!
Roxanne

Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov>
http://www.bedfordny.gov<http://www.bedfordny.gov/>

From: Bedford Town Police Department

Lisbeth "Boo" Fumagalli, RMC, CMC
Town of Bedford Town Clerk
Registrar & Marriage Officer
321 Bedford Road
Bedford Hills, NY 10507
914-666-4534
lfumagalli@bedfordny.gov<mailto:lfumagalli@bedfordny.gov>

DISCLOSURE NOTE

Any email sent or received through the Town of Bedford email system may be monitored in the normal course of Town business, may be released to the public under the New York State Freedom of Information Law, and is subject to discovery proceedings in legal actions.

From: Bedford Town Police Department

To Whom It May Concern:
As stated in the attached letter sent on 7/27/20 - sent via email and US mail - we anticipate a response within 90 days of that date.

Lisbeth "Boo" Fumagalli, RMC, CMC
Town of Bedford Town Clerk
Registrar & Marriage Officer
321 Bedford Road
Bedford Hills, NY 10507
914-666-4534
lfumagalli@bedfordny.gov<mailto:lfumagalli@bedfordny.gov>

DISCLOSURE NOTE

Any email sent or received through the Town of Bedford email system may be monitored in the normal course of Town business, may be released to the public under the New York State Freedom of Information Law, and is subject to discovery proceedings in legal actions.

From: Bedford Town Police Department

Dear MuckRuck News:

The attached response has been sent to you via mail and e-mail on July 21, 2020.

Resending.
Thanks,
Roxanne
Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov>
http://www.bedfordny.gov<http://www.bedfordny.gov/>

From: Bedford Town Police Department

Good Afternoon,

The Town of Bedford requires an additional ninety days to respond to your request.

Thank you,
Roxanne

Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov>
http://www.bedfordny.gov<http://www.bedfordny.gov/>

From: Bedford Town Police Department

Good Afternoon,

The Town of Bedford Town Clerk’s office responded to this FOIL on 12/18/20 at 4:05 PM requesting an additional 90 days.

Thank you,
Roxanne

From: Bedford Town Police Department

Good Morning,,

The Town of Bedford Town Clerk’s office responded to this FOIL on 12/18/20 at 4:05 PM requesting an additional 90 days.

Thank you,
Roxanne

From: Beryl Lipton

Hello —

I hope this message finds you well. This is a quick note to follow up on my FOIL request #2020-00084. When I last received a message from your office, I was informed that an extension of 90 from December 18, 2020. Could you please update me on where my request currently stands at this point?

Thanks so much for your time and help.

Best,
Beryl

From: Bedford Town Police Department

Beryl,

Thank you for your email.

Our Police Department has requested an additional 60 days to respond.

Thank you,
Roxanne

From: Bedford Town Police Department

Good Morning,

The Bedford Police Department is requesting an additional 60 days to respond to this request.
Please see the attached letter.

Thank you,
Roxanne

Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov>
http://www.bedfordny.gov<http://www.bedfordny.gov/>

From: Bedford Town Police Department

The following was sent on June 9, 2021 in response to the FOIL request.

Thank you,
Roxanne

Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov>
http://www.bedfordny.gov<http://www.bedfordny.gov/>

From: Bedford Town Police Department

On June 9th, we sent communication requiring an additional 60 days.

Thank you,
Roxanne

From: requests@muckrock.com [mailto:requests@muckrock.com]
Sent: Monday, July 26, 2021 5:02 AM
To: Surace, Roxanne <rsurace@bedfordny.gov>
Cc: Town Clerk <townclerk@bedfordny.gov>; jgoldberg@kblaw.com
Subject: RE: New York Freedom of Information Law Request #2020-00084

CAUTION: External sender.

Bedford Town Police Department
FOIL Office
307 Bedford Road
Bedford Hills, NY 10507

July 26, 2021

This is a follow up to request number 2020-00084:

To Whom It May Concern:

I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 16, 2020. You had previously indicated that it would be completed on May 25, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-00084.

Thanks for your help, and let me know if further clarification is needed.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95758
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On June 24, 2021:
Subject: FW: New York Freedom of Information Law Request #2020-00084
The following was sent on June 9, 2021 in response to the FOIL request.

Thank you,
Roxanne

Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov%3cmailto:rsurace@bedfordny.gov>>
http://www.bedfordny.gov<http://www.bedfordny.gov/<http://www.bedfordny.gov%3chttp:/www.bedfordny.gov/>>
---

On June 9, 2021:
Subject: RE: New York Freedom of Information Law Request #2020-00084
Good Morning,

The Bedford Police Department is requesting an additional 60 days to respond to this request.
Please see the attached letter.

Thank you,
Roxanne

Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov%3cmailto:rsurace@bedfordny.gov>>
http://www.bedfordny.gov<http://www.bedfordny.gov/<http://www.bedfordny.gov%3chttp:/www.bedfordny.gov/>>
---

On March 25, 2021:
Subject: RE: New York Freedom of Information Law Request #2020-00084
Beryl,

Thank you for your email.

Our Police Department has requested an additional 60 days to respond.

Thank you,
Roxanne
---

On March 25, 2021:
Subject: RE: New York Freedom of Information Law Request #2020-00084
Hello —

I hope this message finds you well. This is a quick note to follow up on my FOIL request #2020-00084. When I last received a message from your office, I was informed that an extension of 90 from December 18, 2020. Could you please update me on where my request currently stands at this point?

Thanks so much for your time and help.

Best,
Beryl
---

On Feb. 3, 2021:
Subject: RE: New York Freedom of Information Law Request #2020-00084
Good Morning,,

The Town of Bedford Town Clerk’s office responded to this FOIL on 12/18/20 at 4:05 PM requesting an additional 90 days.

Thank you,
Roxanne
---

On June 16, 2020:
Subject: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
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,

Beryl Lipton

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95758
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwNyksOwiAQANDTyJIMAwydBQu_1zCUjzZtJVIx8fY2b_uSt5ZEXsO03KfkFTIDsnh6CC7pUtgFyrrEwVkmStaNaLRmhWLyCKjAIQGD0kruzkRwNYM9qeMFzO1goOV3z9tnk2uPc6txlrGuovm29RZi3seYU6ktvX7yUb9_7_Epxg]

From: Bedford Town Police Department

Good Afternoon,

The Town of Bedford requires an additional ninety (90) days to respond to this FOIL request.

Thank you,
Roxanne

From: Bedford Town Police Department

Good Morning,

The attached letter was sent on 10/12/21 requesting an additional 90 days to respond.

Thank you,
Roxanne

From: Bedford Town Police Department

Good Afternoon Beryl,

Please see the attached response to your FOIL Request.

The FOIL request is now closed.

Thank you,
Roxanne

Roxanne Surace
Senior Office Assistant
Town of Bedford Supervisor & Town Clerk's Office
321 Bedford Road, Bedford Hills, N.Y. 10507
O: 914-864-3864 / F: 914-666-5249
rsurace@bedfordny.gov<mailto:rsurace@bedfordny.gov>
http://www.bedfordny.gov<http://www.bedfordny.gov/>

From: Bedford Town Police Department

The request has been rejected by the agency.

Files

pages

Close