Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Dobbs Ferry Village Police Department of Dobbs Ferry, NY.

It is a clone of this request.

Due June 25, 2020
Est. Completion Feb. 1, 2022
Status
Awaiting Response

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:

Ms. Lipton:
The attached FOIL request was received by the Village as of June 18, 2020.
A minimum fee of $.25 per page will be charged for copies if made from an unbound original. A proportionate fee will be charged for other copies or if records are provided in other format or on other media.
Your request is currently being processed.
We anticipate that the documents requested will be ready on or before July 15, 2020.
Should additional time be required based on the volume of your request I will contact you prior to July 15, 2020.

[cid:image003.png@01D4A783.705FD4F0]

Elizabeth Dreaper, RMC
Village Clerk/Registrar
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

Shape your parks, your health care, and your community. Participate in the 2020 Census. Visit 2020CENSUS.GOV to learn more.

From:

Liz,

What is the status on the Police Department’s providing the request records for review/redaction?

Thanks,
Dan

[cid:image001.jpg@01D65AA2.20F1FD20]<http://www.mccarthyfingar.com/>
http://www.mccarthyfingar.com<http://www.mccarthyfingar.com/>
Email: dpozin@mccarthyfingar.com<mailto:dpozin@mccarthyfingar.com>

Daniel Pozin
Partner
McCarthy Fingar LLP
11 Martine Avenue, 12th Floor
White Plains, NY 10606-1934
914-385-1062 (Direct Dial)
914-946-3700 Ext. 362
914-946-0134 (Facsimile)

________________________________
This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which are c0nfidential and legally privileged. This information is intended only for the use of the individual or entity to whom this transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please reply to the sender at (914) 946-3700 or dpozin@mccarthyfingar.com<mailto:dpozin@mccarthyfingar.com> and delete this message and all attachments from your electronic storage files.

From:

Daniel Pozin would like to recall the message, "New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings".

From: Dobbs Ferry Village Police Department

Ms. Lipton,

Per my June 25, 2020 response to you, this shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request of June 18, 2020. Should additional time be required based on the volume of your request I will contact you on or before August 11, 2020.

Elizabeth Dreaper, RMC
Village Clerk/Registrar
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

Shape your parks, your health care, and your community. Participate in the 2020 Census. Visit 2020CENSUS.GOV to learn more.

From: Muckrock Staff

Hello Ms. Dreaper,

Thank you so much for your message. Please let me know if you have any questions for me, and I'll follow up again next month.

All the best,
Beryl

From: Dobbs Ferry Village Police Department

Should additional time be required based on the volume of your request I will contact you on or before August 11, 2020.
Thank you.

Elizabeth Dreaper, RMC
Village Clerk/Registrar
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

Shape your parks, your health care, and your community. Participate in the 2020 Census. Visit 2020CENSUS.GOV to learn more.

From: Beryl Lipton

Hello Ms. Dreaper,

Thank you so much for your message, and I'll look forward to hearing from you again next week. Please let me know if you have any questions in the meanwhile.

All the best,
Beryl

From: Dobbs Ferry Village Police Department

Ms. Lipton,

Per my July 15, 2020 response to you, this shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request of June 18, 2020. Should additional time be required based on the volume of your request I will contact you on or before September 10, 2020.

Elizabeth Dreaper, RMC
Village Clerk/Registrar
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

Shape your parks, your health care, and your community. Participate in the 2020 Census. Visit 2020CENSUS.GOV to learn more.

From: Dobbs Ferry Village Police Department

Ms. Lipton,

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request of June 18, 2020. Should additional time be required based on the volume of your request I will contact you on or before October 7, 2020.

Elizabeth Dreaper, RMC
Village Clerk/Registrar
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

Shape your parks, your health care, and your community. Participate in the 2020 Census. Visit 2020CENSUS.GOV to learn more.

From: Dobbs Ferry Village Police Department

The FOIL had been extended to October 7, 2020, as noted in email chain below.

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request of June 18, 2020. Should additional time be required based on the volume of your request I will contact you on or before November 5, 2020.

Elizabeth Dreaper, RMC
Village Clerk/Registrar
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

Shape your parks, your health care, and your community. Participate in the 2020 Census. Visit 2020CENSUS.GOV to learn more.

From: Dobbs Ferry Village Police Department

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request of June 18, 2020. Should additional time be required based on the volume of your request I will contact you on or before December 7, 2020.

Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Dobbs Ferry Village Police Department

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request. Should additional time be required based on the volume of your request I will contact you on or before January 4, 2021.

Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Dobbs Ferry Village Police Department

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to the attached FOIL request. Should additional time be required based on the volume of your request I will contact you on or before February 1, 2021.

Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Dobbs Ferry Village Police Department

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to the attached FOIL request. Should additional time be required based on the volume of your request I will contact you on or before March 1, 2021.

Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Dobbs Ferry Village Police Department

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to the attached FOIL request. Should additional time be required based on the volume of your request I will contact you on or before March 26, 2021.
Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Beryl Lipton

Hello Ms. Dreaper,

Thank you so much for your most recent update on this request. I'm wondering whether you could please provide an estimated completion date for this request. I understand that it may take a while longer, but having a realistic sense of when the request will be completed will help me to avoid unnecessary follow-up messages.

Thank you so much for your time and help.

Best wishes,
Beryl

From: Dobbs Ferry Village Police Department

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request. Should additional time be required based on the volume of your request I will contact you on or before April 23, 2021.
Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Dobbs Ferry Village Police Department

This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request of June 18, 2020. Should additional time be required based on the volume of your request I will contact you on or before June 15, 2021.

Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Dobbs Ferry Village Police Department

My previous communication was as follows:

On May 17, 2021:
Subject: FOIL 6-18-2020
This shall confirm that the Village requires an additional 20 days in order to locate and compile the documents responsive to your FOIL request of June 18, 2020. Should additional time be required based on the volume of your request I will contact you on or before June 15, 2021.

Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Dobbs Ferry Village Police Department

The documents will be sent to you by the end of next week.

Elizabeth Dreaper, RMC
Village Clerk/Registrar of Vital Statistics
Village of Dobbs Ferry
112 Main Street
Dobbs Ferry, New York 10522
Tel: 914-231-8504
Fax: 914-693-3470
E-mail: ldreaper@dobbsferry.com<mailto:ldreaper@dobbsferry.com>

From: Beryl Lipton

Hello, Ms. Dreaper —

I hope your holiday season is off to an easy start. I would like to follow up on this FOIL request, which I believe your office has been processing since it was initially received on June 18, 2020. I last heard from you in August, when you said I could expect to receive records by the end of that week. I apologize for any inconvenience that may have been caused by the follow-up messages, but I would like to receive these materials when they are available. Do you have a sense for when any might be ready for release?

Many thanks for your time and help.

Best wishes,
Beryl

From: Beryl Lipton

Hello —

I'm writing to ask for an estimated completion date and status update for my FOIL request. In August 2021, I received a message stating that documents would be sent to me that month. However, I have not received any records responsive to this request. Could you please let me know where the processing of these records stands?

Thank you so much for your time and help.

Best,
Beryl

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