Police department misconduct allegations and disciplinary proceedings

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

It is a clone of this request.

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: Colonie Police Department

We are in receipt of your FOIL request below. You may anticipate a response on or before August 24, 2020.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>

This message is being sent by or on behalf of an attorney. It is intended for the exclusive use of its intended recipient and may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify me immediately by email, discard any paper copies and delete all electronic files of the message. If you are not sure whether you are the intended recipient, please respond to the above email address. Thank you.

From: Colonie Police Department

We are in receipt of your FOIL request below. You may anticipate a response on or before August 24, 2020.

From: Colonie Police Department

As noted on 7/13/20 and 6/23/20, you may anticipate a response on or before August 24, 2020.

From: Colonie Police Department

We are still processing this request. You may anticipate a response on or before September 24, 2020.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>

This message is being sent by or on behalf of an attorney. It is intended for the exclusive use of its intended recipient and may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify me immediately by email, discard any paper copies and delete all electronic files of the message. If you are not sure whether you are the intended recipient, please respond to the above email address. Thank you.

From: Colonie Police Department

We are still processing this request. You may anticipate a response on or before October 24, 2020.

From: Colonie Police Department

We are still processing your request. You many anticipate a response on or before November 24, 2020.

From: Colonie Police Department

We are still processing your request. You may anticipate a response on or before December 23, 2020.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>

This message is being sent by or on behalf of an attorney. It is intended for the exclusive use of its intended recipient and may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify me immediately by email, discard any paper copies and delete all electronic files of the message. If you are not sure whether you are the intended recipient, please respond to the above email address. Thank you.

From: Colonie Police Department

We are still processing your request. You may anticipate a response on or before December 23, 2020.​

Susan Pellegrini

Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org​

From: Colonie Police Department

I apologize. That was my last response to you. However, we are still processing this request. You may anticipate a response on or before January 23, 2021.

Susan Pellegrini

Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org​​

From: Colonie Police Department

We are still processing your request. You may anticipate a response on or before February 26, 2021.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>

This message is being sent by or on behalf of an attorney. It is intended for the exclusive use of its intended recipient and may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify me immediately by email, discard any paper copies and delete all electronic files of the message. If you are not sure whether you are the intended recipient, please respond to the above email address. Thank you.

From: Colonie Police Department

This response was provided to you on January 27, 2021.

From: Colonie Police Department

We are still processing your request. You may anticipate a response on or before March 26, 2021.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>​

From: Colonie Police Department

We are still processing your request. You may anticipate a response on or before April 30, 2021.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>

This message is being sent by or on behalf of an attorney. It is intended for the exclusive use of its intended recipient and may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify me immediately by email, discard any paper copies and delete all electronic files of the message. If you are not sure whether you are the intended recipient, please respond to the above email address. Thank you.

From: Colonie Police Department

We are still processing this request. You may anticipate a response on or before May 28, 2021.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>

This message is being sent by or on behalf of an attorney. It is intended for the exclusive use of its intended recipient and may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify me immediately by email, discard any paper copies and delete all electronic files of the message. If you are not sure whether you are the intended recipient, please respond to the above email address. Thank you.

From: Colonie Police Department

We are still processing this request. You may anticipate a response on or before July 1, 2021.

From: Colonie Police Department

We are still in the process of reviewing this request. You may receive a response update on or before September 3, 2021.

From: Colonie Police Department

I apologize for the delay in responding to your request. We are still processing it and you may anticipate a response on or before October 22, 2021.

From: Beryl Lipton

Hello, Ms. Pellegrini —

Thank you so much for your recent message.

I understand that resources, including time, may be scarce at the moment, and I don't wish to interrupt your operations any more than necessary. I am amenable to the proposed extension.

If possible, it would be terrific to receive the materials you review on a rolling basis and to receive any realistic estimated completion date that your office may have. I would be happy to discuss the materials and necessary search with your team. Please do reach out if you have any questions for me or would like any clarification.

I'll look forward to hearing from you again in the near future.

All the best,
Beryl
617-500-7123

From: Colonie Police Department

We are still in the process of review this request. You may anticipate a response on or before January 15, 2022.

From: Beryl Lipton

Hello, Ms. Pellegrini —

I hope this message finds you and your team very well. I'm wondering if you have an estimated completion date and status update for this FOIL. I can adjust my follow-up messages as appropriate if I have a more realistic sense for when I can begin to expect records.

Thanks so much for your time and help.

Best,
Beryl

From: Colonie Police Department

Beryl:

We have completed review of your request below. The request is denied as it does not reasonable describe the records sought. Specifically, they cannot be located or identified with reasonable effort in accordance with opinions rendered by the New York State Committee on Open Government and the New York State Court of Appeals. Disciplinary records are only kept as part of individual employee personnel files. To respond to this request given our record keeping system, our staff would be required to search through each police personnel file to determine which, if any, contain disciplinary records. FOIL does not require us to do so.

Additionally, pursuant to the New York State guidelines for records retention, disciplinary records are retained for 3 years after the final decision is rendered and personnel case file materials, excluding summary information record, are retained for 6 years after termination of employment or appointment.

If you wish to appeal this denial, you may do so in writing within 30 days to Town Attorney E. Guy Roemer, Memorial Town Hall, 534 New Loudon Road, Latham, NY 12110.

Susan Pellegrini
Paralegal
Town of Colonie Attorney’s Office
Memorial Town Hall
534 New Loudon Road
Latham, NY 12110
T: (518) 783-2704 Fax: (518) 786-7324
pellegrinis@colonie.org<mailto:pellegrinis@colonie.org>

This message is being sent by or on behalf of an attorney. It is intended for the exclusive use of its intended recipient and may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify me immediately by email, discard any paper copies and delete all electronic files of the message. If you are not sure whether you are the intended recipient, please respond to the above email address. Thank you.

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