Police department misconduct allegations and disciplinary proceedings

(See attached file: foil.pdf)

(See attached file: foil.pdf)

Sent this letter to you back on 07/08/2020.

95776-91957614@re
quests.muckrock.c
om To
Foil@bpdny.org
09/11/2020 05:03 cc
AM
Subject
RE: New York Freedom of Information
Law Request: Police department
misconduct allegations and
disciplinary proceedings

Buffalo Police Department
FOIL Office
74 Franklin Street
Buffalo, NY 14202

September 11, 2020

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following New York Freedom of Information Law
request, copied below, and originally submitted on June 16, 2020. Please
let me know when I can expect to receive a response.

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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 July 13, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
Hello Captain Rinaldo,

Thank you for your letter. I have not yet spoken with a member of your
staff, so I'm not sure why, exactly, your team believes that, even with
reasonable effort to identify and locate responsive records, your office
lacks the ability to fulfill this request. I look forward to learning more
about this, and I hope in the meantime, your office can proceed with
processing this request, beginning with disciplinary cards and related
materials associated with each active officer of your department. I'll be
happy to discuss further refinement from there. I understand that your
current recordkeeping may lack the organization to make pulling responsive
records difficult, but, as you know, these materials are of great interest
to the public.

Thank you for your time and help.

All the best,
Beryl
---

On July 8, 2020:
Subject: FOIL
(See attached file: foil.pdf)

---

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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.

(Embedded image moved to file: pic05537.gif)

I denied this request due to too voluminous. Please be advised that you
have the right to appeal any denial contained herein in writing within
thirty (30) days. Appeals must be directed to Timothy A Ball, Corporation
Counsel, City of Buffalo Law Department, 1100 City Hall, Buffalo, NY 14202.

95776-91957614@re
quests.muckrock.c
om To
Foil@bpdny.org
09/28/2020 05:05 cc
AM
Subject
RE: New York Freedom of Information
Law Request: Police department
misconduct allegations and
disciplinary proceedings

Buffalo Police Department
FOIL Office
74 Franklin Street
Buffalo, NY 14202

September 28, 2020

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following New York Freedom of Information Law
request, copied below, and originally submitted on June 16, 2020. Please
let me know when I can expect to receive a response.

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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 Sept. 11, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
(See attached file: foil.pdf)

Sent this letter to you back on 07/08/2020.

95776-91957614@re
quests.muckrock.c
om To
Foil@bpdny.org
09/11/2020 05:03 cc
AM
Subject
RE: New York Freedom of Information
Law Request: Police department
misconduct allegations and
disciplinary proceedings

Buffalo Police Department
FOIL Office
74 Franklin Street
Buffalo, NY 14202

September 11, 2020

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following New York Freedom of Information Law
request, copied below, and originally submitted on June 16, 2020. Please
let me know when I can expect to receive a response.

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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 July 13, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
Hello Captain Rinaldo,

Thank you for your letter. I have not yet spoken with a member of your
staff, so I'm not sure why, exactly, your team believes that, even with
reasonable effort to identify and locate responsive records, your office
lacks the ability to fulfill this request. I look forward to learning more
about this, and I hope in the meantime, your office can proceed with
processing this request, beginning with disciplinary cards and related
materials associated with each active officer of your department. I'll be
happy to discuss further refinement from there. I understand that your
current recordkeeping may lack the organization to make pulling responsive
records difficult, but, as you know, these materials are of great interest
to the public.

Thank you for your time and help.

All the best,
Beryl
---

On July 8, 2020:
Subject: FOIL
(See attached file: foil.pdf)

---

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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.

(Embedded image moved to file: pic05537.gif)
---

On July 13, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
Hello Captain Rinaldo,

Thank you for your letter. I have not yet spoken with a member of your
staff, so I'm not sure why, exactly, your team believes that, even with
reasonable effort to identify and locate responsive records, your office
lacks the ability to fulfill this request. I look forward to learning more
about this, and I hope in the meantime, your office can proceed with
processing this request, beginning with disciplinary cards and related
materials associated with each active officer of your department. I'll be
happy to discuss further refinement from there. I understand that your
current recordkeeping may lack the organization to make pulling responsive
records difficult, but, as you know, these materials are of great interest
to the public.

Thank you for your time and help.

All the best,
Beryl
---

On July 8, 2020:
Subject: FOIL
(See attached file: foil.pdf)

---

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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.

(Embedded image moved to file: pic09040.gif)

Sent you this back in July. If you want to appeal please read the bottom
of the letter.
----- Forwarded by Lynn M Milligan/BPD on 11/06/2020 12:45 PM -----

Foil/BPD
Sent by: Lynn M
Milligan/BPD To
95776-91957614@requests.muckrock.co
m
07/08/2020 07:42 cc
AM
Subject
FOIL

(See attached file: foil.pdf)

Re: FOIL Request (Officers IAD Files)

The City of Buffalo Police Department is in receipt of your Freedom of
Information Law request. Please allow this letter to serve as an
acknowledgment of your request pursuant to New York State Public Officer’s
Law, Section 89, entitled Freedom of Information Law.

Please be advised that your request is being processed by the Police
Department. BPD will then conduct a diligent search to determine whether we
are in possession of the record for which you seek access. Due to the large
number of requests the department is currently handling, please allow (30)
business days for a determination regarding your request for records.

Please be advised also that access to Public Officers Law, 87(1)(b), the
costs for redacted and/ or copied material emailed or mailed is $0.25 per
page not in the access of 9”x14”, any street surveillance is $43.00 per
disk and any redacted body cam footage starts at $42.68.

Respectfully,
FOIL Division
HQ

95776-91957614@re
quests.muckrock.c
om To
Foil@bpdny.org
08/06/2021 01:50 cc
PM
Subject
RE: New York Freedom of Information
Law Request: Police department
misconduct allegations and
disciplinary proceedings

Buffalo Police Department
FOIL Office
74 Franklin Street
Buffalo, NY 14202

August 6, 2021

This is a follow up to a previous request:

Hello, Michelle —

Thank you so much for your time on the phone today. I've copied below the
request I had sent in December 2020. As this request processes, I would
love to get electronic copies of any potentially responsive records that
may have already been released. There should be an upload link at the
bottom of this email; do let me know if that doesn't show up for you. My
phone number is 617-500-7123, in case that comes in handy.

Many thanks for all of your help. I hope you have a lovely weekend.

Best wishes,
Beryl
_______________________

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
law enforcement disciplinary records, including materials on allegations of
misconduct made and all disciplinary proceedings taken against any law
enforcement officer currently or formerly in the employ of this policing
agency.

For a more specific definition of the term “law enforcement disciplinary
record,” please see Section 86 of the New York Public Officers Law. For a
more specific definition of the term “law enforcement officer,” please
refer to the definitions of peace officer found in subdivisions
twenty-three and twenty-three-a of section 2.10 of the criminal procedure
law and subdivision twenty-four of section 2.10 of the criminal procedure
law, as well as the definition of police officer found in section 1.20 of
the criminal procedure law.

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.

The request records are typically required to be retained, in part, 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 previously-submitted 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) for which the misconduct allegations or disciplinary
materials are relevant.

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 - November 30, 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

If materials are not available for the requested timeframes, please let me
know for which periods they are available. We understand that not all
recordkeeping systems facilitate convenient access to some materials.

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

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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 Dec. 7, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
Hello —

Thank you for your earlier letter, and I apologize for the delay in my
response. Please find below an updated version of my previously-submitted
Freedom of Information Law request. This version provides additional
specificity about the requested information. I would appreciate it if you
would please process this as a new request. This request is being made as
part of a statewide survey for reporting purposes, and I'm happy to discuss
any concerns or questions you may have. I understand if not all responsive
records are available for the entire timespan of the request. Please let me
know if I should call about this request.

Thank you so much for your time and help.

Best wishes,
Beryl
___________
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
law enforcement disciplinary records, including materials on allegations of
misconduct made and all disciplinary proceedings taken against any law
enforcement officer currently or formerly in the employ of this policing
agency.

For a more specific definition of the term “law enforcement disciplinary
record,” please see Section 86 of the New York Public Officers Law. For a
more specific definition of the term “law enforcement officer,” please
refer to the definitions of peace officer found in subdivisions
twenty-three and twenty-three-a of section 2.10 of the criminal procedure
law and subdivision twenty-four of section 2.10 of the criminal procedure
law, as well as the definition of police officer found in section 1.20 of
the criminal procedure law.

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.

The request records are typically required to be retained, in part, 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 previously-submitted 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) for which the misconduct allegations or disciplinary
materials are relevant.

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 - November 30, 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

If materials are not available for the requested timeframes, please let me
know for which periods they are available. We understand that not all
recordkeeping systems facilitate convenient access to some materials.

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
---

On Nov. 6, 2020:
Subject: Fw: FOIL
Sent you this back in July. If you want to appeal please read the bottom
of the letter.
----- Forwarded by Lynn M Milligan/BPD on 11/06/2020 12:45 PM -----

Foil/BPD
Sent by: Lynn M
Milligan/BPD To
95776-91957614@requests.muckrock.co
m
07/08/2020 07:42 cc
AM
Subject
FOIL

(See attached file: foil.pdf)

---

On Oct. 6, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
Hello,

Please find below another version of this FOIL request. Please let me know
if you have any questions.

Best wishes,
Beryl
___________

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
disciplinary cards, 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
---

On Sept. 28, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
I denied this request due to too voluminous. Please be advised that you
have the right to appeal any denial contained herein in writing within
thirty (30) days. Appeals must be directed to Timothy A Ball, Corporation
Counsel, City of Buffalo Law Department, 1100 City Hall, Buffalo, NY 14202.

95776-91957614@re
quests.muckrock.c
om To
Foil@bpdny.org
09/28/2020 05:05 cc
AM
Subject
RE: New York Freedom of Information
Law Request: Police department
misconduct allegations and
disciplinary proceedings

Buffalo Police Department
FOIL Office
74 Franklin Street
Buffalo, NY 14202

September 28, 2020

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following New York Freedom of Information Law
request, copied below, and originally submitted on June 16, 2020. Please
let me know when I can expect to receive a response.

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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 Sept. 11, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
(See attached file: foil.pdf)

Sent this letter to you back on 07/08/2020.

95776-91957614@re
quests.muckrock.c
om To
Foil@bpdny.org
09/11/2020 05:03 cc
AM
Subject
RE: New York Freedom of Information
Law Request: Police department
misconduct allegations and
disciplinary proceedings

Buffalo Police Department
FOIL Office
74 Franklin Street
Buffalo, NY 14202

September 11, 2020

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following New York Freedom of Information Law
request, copied below, and originally submitted on June 16, 2020. Please
let me know when I can expect to receive a response.

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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 July 13, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
Hello Captain Rinaldo,

Thank you for your letter. I have not yet spoken with a member of your
staff, so I'm not sure why, exactly, your team believes that, even with
reasonable effort to identify and locate responsive records, your office
lacks the ability to fulfill this request. I look forward to learning more
about this, and I hope in the meantime, your office can proceed with
processing this request, beginning with disciplinary cards and related
materials associated with each active officer of your department. I'll be
happy to discuss further refinement from there. I understand that your
current recordkeeping may lack the organization to make pulling responsive
records difficult, but, as you know, these materials are of great interest
to the public.

Thank you for your time and help.

All the best,
Beryl
---

On July 8, 2020:
Subject: FOIL
(See attached file: foil.pdf)

---

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 "anyinformation 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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://www.muckrock.com/

Is this email coming to the wrong contact? Something else wrong? Use the
above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 95776
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.

(Embedded image moved to file: pic05537.gif)
---

On July 13, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
Hello Captain Rinaldo,

Thank you for your letter. I have not yet spoken with a member of your
staff, so I'm not sure why, exactly, your team believes that, even with
reasonable effort to identify and locate responsive records, your office
lacks the ability to fulfill this request. I look forward to learning more
about this, and I hope in the meantime, your office can proceed with
processing this request, beginning with disciplinary cards and related
materials associated with each active officer of your department. I'll be
happy to discuss further refinement from there. I understand that your
current recordkeeping may lack the organization to make pulling responsive
records difficult, but, as you know, these materials are of great interest
to the public.

Thank you for your time and help.

All the best,
Beryl
---

On July 8, 2020:
Subject: FOIL
(See attached file: foil.pdf)

---

Date: 08/10/2021

Beryl Lipton
MuckRock News
requests@muckrock.com

Re: FOIL Request: (Partial Officers IAD Files)

The City of Buffalo Police Department (BPD) is in receipt of your Freedom
of Information Law request. Please allow this letter to serve as an
acknowledgment of your request pursuant to New York State Public Officer’s
Law, Section 89, entitled Freedom of Information Law.

The BPD has researched your request for information pertaining to any and
all records for officer’s disciplinary cards. We are sending you the
retired officer’s disciplinary cards since they are no longer being
updated. Please be advised, that any files that are needed off of the
cards, if available will have to be requested from our offsite storage and
will need to be redacted. Redactions start at $42.68. We are working on
your request for the active officers. It will be the same system any files
full files that are needed will need to be requested and redacted. Please
watch out for several emails for the cards.

Please be advised that you have the right to appeal any denial contained
herein in writing within thirty (30) days. Appeals must be directed to
Timothy A Ball, Corporation Counsel, City of Buffalo Law Department, 1100
City Hall, Buffalo NY 14202.

Respectfully,

FOIL Division

HQ

(See attached file: 50A Inactive - A.docx)(See attached file: 50A Inactive
- B.docx)(See attached file: 50A Inactive - C.docx)(See attached file: 50A
Inactive - D.docx)(See attached file: 50A Inactive - E.docx)(See attached
file: 50A Inactive - F.docx)

(See attached file: 50A Inactive - G.docx)(See attached file: 50A Inactive
- H & I.docx)(See attached file: 50A Inactive - J.docx)(See attached file:
50A Inactive - K.docx)(See attached file: 50A Inactive - L.docx)(See
attached file: 50A Inactive - M.docx)(See attached file: 50A Inactive - N &
O.docx)
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- T.docx)(See attached file: 50A Inactive - U,V,X,Y,Z.docx)(See attached
file: 50A Inactive - W.docx)