Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Elmira Heights Village Police Department of Elmira Heights, NY.

It is a clone of this request.

Status
Completed

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: Elmira Heights Village Police Department

Good morning,

We are reviewing your request, and will have a decision for you by July 10, 2020.

Thank you,

Gigi Holleran
Records Center Coordinator
Elmira Police Department
317 E Church St
Elmira, NY 14901
Phone: (607)737-5632, Fax: (607)732-6514
gholleran@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom it May Concern:

We intend on complying with your request. We are currently reviewing our records. Given the volume of records we must search in order to comply, we will provide you the materials within a reasonable time. Once we have compiled the requested documents, our office will inform you of the cost you will incur as is allowable under FOIL.

Thank you,

Gigi Holleran
Records Center Coordinator
Elmira Police Department
317 E Church St
Elmira, NY 14901
Phone: (607)737-5632, Fax: (607)732-6514
gholleran@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

In light of the stay order by the New York federal court prohibiting the release of materials classified under 50-a, we believe the release of these materials while the stay is in effect would cause irreversible harm if the law repealing 50-a was found unconstitutional. We are continuing to compile the records, but we will not release the records during the pendency of the federal court case. If the federal court rules that the law is constitutional, we will continue to comply with your FOIL request.

From: Elmira Heights Village Police Department

We are continuing to compile the records, and refer you to our previous responses.

In light of the stay order by the New York federal court prohibiting the release of materials classified under 50-a, we believe the release of these materials while the stay is in effect would cause irreversible harm if the law repealing 50-a was found unconstitutional. We are continuing to compile the records, but we will not release the records during the pendency of the federal court case. If the federal court rules that the law is constitutional, we will continue to comply with your FOIL request.

Joseph J. Kane
Chief of Police

Elmira Police Department
317 East Church Street
Elmira, New York 14901

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

We are continuing to review and compile the records.

Thank you,

Gigi Holleran
Records Center Coordinator
Elmira Police Department
317 E Church St
Elmira, NY 14901
Phone: (607)737-5632, Fax: (607)732-6514
gholleran@cityofelmira.net

From: Elmira Heights Village Police Department

We are continuing to review and compile the records.

Thank you,

Gigi Holleran
Records Center Coordinator
Elmira Police Department
317 E Church St
Elmira, NY 14901
Phone: (607)737-5632, Fax: (607)732-6514
gholleran@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

We are continuing to review and compile the records.

Thank you,

Gigi Holleran
Records Center Coordinator
Elmira Police Department
317 E Church St
Elmira, NY 14901
Phone: (607)737-5632, Fax: (607)732-6514
gholleran@cityofelmira.net<mailto:gholleran@cityofelmira.net>

From: Elmira Heights Village Police Department

We are continuing to review and compile the records.

Thank you,

Gigi Holleran
Records Center Coordinator
Elmira Police Department
317 E Church St
Elmira, NY 14901
Phone: (607)737-5632, Fax: (607)732-6514
gholleran@cityofelmira.net<mailto:gholleran@cityofelmira.net>

From: Elmira Heights Village Police Department

We are continuing to review and compile data for this request.//gmh

From: Elmira Heights Village Police Department

We are continuing to review and compile data for this request.

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

We are continuing to compile records

From: Elmira Heights Village Police Department

We are continuing to review and compile data for this request.

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It may Concern,

We are still continuing to review and compile the data for this request.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It may Concern,

We are still continuing to review and compile the data for this request. We are nearing the end of all active sworn personnel files that we have been going through, and hope to have a finalized response for that section of employees soon.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Beryl Lipton

Marie,

Thank you so much for this update. It's terrific news, and I really appreciate all of the work that you and your team have done on this request.

Wishing you all the best,
Beryl

From: Elmira Heights Village Police Department

Good morning,

We are still continuing to compile the records for this request. We expect you should be receiving the relevant records for our active employees by the end of this month. If it looks like it may take any longer than that, I will notify you as soon as I can. We really appreciate your patience with this.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

Good morning,

We are still continuing to compile the records for this request. We expect you should be receiving the relevant records for our active employees by the end of this month. If it looks like it may take any longer than that, I will notify you as soon as I can. We really appreciate your patience with this.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

Good afternoon,

We expect to have the records completed, reviewed, and ready for you by May 11.

Once again, thank you for your patience.

Regards,
Marie

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Beryl Lipton

Hello Marie,

Thank you for this update. I'll look forward to hearing from your office again soon.

All the best,
Beryl

From: Elmira Heights Village Police Department

Beryl,

This email is just to let you know that we have to push this anticipated ready date until this Friday, 5/14/2021. The records have not yet been totally completed for approval for release, but we anticipate it to be done by Friday. .

Thank you for your patience.

Thanks,
Marie

Marie M. Little
Secretary to Chief Kane
Chief’s Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It May Concern,

Per our research thus far, attached is the City of Elmira Police Department's response for records requested.

The attached documentation is for active Police Officer Braeden Roberts.

Additional emails will be forthcoming on each Officer that was found to have relevant records per your request.

Any questions in regards to the responses, please let me know.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief's Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It May Concern,

Per our research thus far, attached is the City of Elmira Police Department's response for records requested.

The attached documentation is for active Police Officer Edward Oropallo.

Additional emails will be forthcoming on each Officer that was found to have relevant records per your request.

Any questions in regards to the responses, please let me know.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief's Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It May Concern,

Per our research thus far, attached is the City of Elmira Police Department's response for records requested.

The attached documentation is for active Police Officer Timothy Murphy.

Additional emails will be forthcoming on each Officer that was found to have relevant records per your request.

Any questions in regards to the responses, please let me know.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief's Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

Confidentiality Notice: This transmission, including any attachments, is for the sole use of the intended recipient(s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient(s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It May Concern,

Per our research thus far, attached is the City of Elmira Police Department's response for records requested.

The attached documentation is for active Police Officer Justin Farwell.

Additional emails will be forthcoming on each Officer that was found to have relevant records per your request.

Any questions in regards to the responses, please let me know.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief's Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

Confidentiality Notice: This transmission, including any attachments, is for the sole use of the intended recipient(s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient(s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It May Concern,

Per our research thus far, attached is the City of Elmira Police Department's response for records requested.

The attached documentation is for active Police Officer Braeden Roberts.

Additional emails will be forthcoming on each Officer that was found to have relevant records per your request.

Any questions in regards to the responses, please let me know.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief's Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

From: Elmira Heights Village Police Department

To Whom It May Concern,

Per our research thus far, attached is the City of Elmira Police Department's response for records requested.

The attached documentation is for active Police Officer Kyle Storms.

***There is one remaining email that will be forthcoming on an Officer that was found to have relevant records per your request, however it is not complete yet. This is expected to be completed soon.***

Any questions in regards to the responses, please let me know.

Thank you,
Marie

Marie M. Little
Secretary to Chief Kane
Chief's Office/Records Bureau
Elmira Police Department
317 E. Church St.
Elmira, NY 14901
Phone: 607-737-5610 Fax: 607-737-5661
mlittle@cityofelmira.net<mailto:mlittle@cityofelmira.net>

Confidentiality Notice:
This transmission, including any attachments, is for the sole use of the intended recipient (s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient (s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

Confidentiality Notice: This transmission, including any attachments, is for the sole use of the intended recipient(s) or entity named above and may contain confidential and privileged information. If you received this and are not the intended recipient(s), you are hereby notified that any disclosure, copying, unauthorized distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please immediately contact the sender as indicated above to arrange the proper handling of the information.

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