Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Ellenville Village Police Department of Ellenville, NY.
Est. Completion None
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Fix Required

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:

To whom it may concern:
I am in receipt of your request and we have begun to work on it at once.
thank You, Chief

From: Ellenville Village Police Department

On 2020-07-24 02:03, requests@muckrock.com wrote:
> Ellenville Village Police Department
> FOIL Office
> 2 Elting Court
> Ellenville, NY 12428
>
> July 24, 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 17, 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://accounts.muckrock.com/accounts/login/?url_auth_token=AAAt8BAVgBCtzTy6DT1bWFhGFjs%3A1jytbX%3ALc13YhhIXWZ-lq5qo9it4Jp7Nd8&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fellenville-village-police-department-9426%252Fpolice-department-misconduct-allegations-and-disciplinary-proceedings-96005%252F%253Femail%253Dpmattracion%252540villageofellenvillepd.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 96005
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but
> is being sent through MuckRock by the above in order to better track,
> share, and manage public records requests. Also note that improperly
> addressed (i.e., with the requester's name rather than "MuckRock News"
> and the department number) requests might be returned as
> undeliverable.
>
> ---
>
> On June 24, 2020:
> Subject: Re: New York Freedom of Information Law Request: Police
> department misconduct allegations and disciplinary proceedings
> To whom it may concern:
> I am in receipt of your request and we have begun to work on it at
> once.
> thank You, Chief
>
> ---
>
> On June 17, 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:
Please forward all your correspondences to our Labor attorney Judy Mayle
of Donahue, Waxman, Mayle, and Aushlander in Peekskill NY. Pursuant to
an injunction granted in Supreme Court in regards to requests about this
issue in NYS I am bound by the Courts directive until its resolved.
Thank You Chief

> 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://accounts.muckrock.com/accounts/login/?url_auth_token=AAAt8BAVgBCtzTy6DT1bWFhGFjs%3A1jytbX%3ALc13YhhIXWZ-lq5qo9it4Jp7Nd8&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fellenville-village-police-department-9426%252Fpolice-department-misconduct-allegations-and-disciplinary-proceedings-96005%252F%253Femail%253Dpmattracion%252540villageofellenvillepd.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 96005
> 411A Highland Ave
> Somerville, MA 02144-2516
>
> PLEASE NOTE: This request is not filed by a MuckRock staff member, but
> is being sent through MuckRock by the above in order to better track,
> share, and manage public records requests. 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.

From: Ellenville Village Police Department

I have replied to you 3 times: There is a court injunction on the
release of this information issued by Supreme Court in NYC

From: Beryl Lipton

Hello Chief Mattracion,

Thank you so much for your messages. Now that the court order is no longer in effect, could you please clarify the timeline on which I may expect a response?

Please let me know if you have any questions for me.

All the best,
Beryl

From: Ellenville Village Police Department

Beryl:
I have sent your request to our labor attorney Judy Mayle please address
your requests to her attention. To my knowledge there has been appeal
granted by the 2nd circuit court appeals in regards to the injunction.
Her number is 845=227-3000 thank you... Chief

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