University police department misconduct allegations and disciplinary proceedings (State University Of New York Police At Fredonia)

This email serves as acknowledgment of your October 28, 2021 FOIL request
wherein you seek the following:

*Copies of all materials and records pertaining to any and all allegations
of misconduct, and any and all disciplinary actions or proceedings taken
against, any law enforcement officer, employee, or representative of the
Agency, including, but not limited to(1) investigative records,(2)
allegations or complaints made,(3) statements of charge,(4) transcripts of
hearings,(5) notices of decision,(6) letters of termination or
resignation,(7) letters of reinstatement,(8) record of appeal,(9) final
decisions rendered,(10) records sufficient to show any and all penalties
imposed or corrective action taken by the Agency, and(11) all
correspondence, written communications, e-mails, faxes, memorandum and the
like pertaining to any such allegations, complaints, or disciplinary
proceedings.*

I will contact the appropriate custodian(s) of these records. They will
begin gathering the records/documents you have requested, which we will
send no later than Thursday, December 15, 2021, assuming 1.) Fredonia
maintains said records, 2.) the records are reasonably described, and 3.)
the records fall within the parameters of the law.

Please be advised that the law also states that a fee of twenty-five cents
per photocopy may be charged to you in association with this request OR an
amount equal to the hourly salary attributed to the lowest paid agency
employee who has the necessary skills required to prepare a copy of the
requested record(s), should preparation time exceed two hours. Payment
would be required prior to delivery of said records. If that is the case,
my office will contact you with the estimated cost and instructions for
payment in order to complete your request. Fredonia does not grant fee
waivers.

Amy J. Beers
Director of Internal Control, Enterprise Risk Manager
Records Management Officer, Records Access Officer
407 Maytum Hall
State University of New York at Fredonia
Phone: 716-673-4925
Fax: 716-673-3618

Good Morning,

This email serves as response to your October 28, 2021 request for the
following records.

*Copies of all materials and records pertaining to any and all allegations
of misconduct, and any and all disciplinary actions or proceedings taken
against, any law enforcement officer, employee, or representative of the
Agency, including, but not limited to:(1) investigative records,(2)
allegations or complaints made,(3) statements of charge,(4) transcripts of
hearings,(5) notices of decision,(6) letters of termination or
resignation,(7) letters of reinstatement,(8) record of appeal,(9) final
decisions rendered,(10) records sufficient to show any and all penalties
imposed or corrective action taken by the Agency, and(11) all
correspondence, written communications, e-mails, faxes, memorandum and the
like pertaining to any such allegations, complaints, or disciplinary
proceedings.*

The time frame in question includes January 1, 1970 - November 30, 2020.

Your request is being denied as Fredonia does not maintain any responsive
records. Please note that the repeal of section 50-a applies prospectively
only. Therefore, Fredonia searched for records dated on or after June 12,
2020 - the effective date of the repeal of section 50-a.

To appeal all or any portion of this response, contact the below individual
within 30 days:

Aaron Gladd

FOIL Appeals Officer

The State University of New York

H. Carl McCall SUNY Building – 353 Broadway

Albany, NY 12246

Amy J. Beers
Director of Internal Control, Enterprise Risk Manager
Records Management Officer, Records Access Officer
407 Maytum Hall
State University of New York at Fredonia
Phone: 716-673-4925
Fax: 716-673-3618

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Tue, Dec 14, 2021 at 1:01 AM
Subject: RE: New York Freedom of Information Law Request: University police
department misconduct allegations and disciplinary proceedings (State
University Of New York Police At Fredonia)
To: Amy Beers <Amy.Beers@fredonia.edu>

State University Of New York Police At Fredonia
FOIL Office
Gregory Hall, 2nd Floor
State University of New York at Fredonia
Fredonia, NY 14063

December 14, 2021

This is a follow up to a previous request:

To Whom It May Concern:

I'm following up on the following New York Freedom of Information Law
request, copied below, and originally submitted on Oct. 28, 2021. You
previously indicated that it would be completed on Dec. 15, 2021. I wanted
to let you know that I am still interested in the following documents, and
to see if that date was still accurate.

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

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 120636
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 Nov. 3, 2021:
Subject: New York Freedom of Information Law Request: University police
department misconduct allegations and disciplinary proceedings (State
University Of New York Police At Fredonia)
This email serves as acknowledgment of your October 28, 2021 FOIL request
wherein you seek the following:

*Copies of all materials and records pertaining to any and all allegations
of misconduct, and any and all disciplinary actions or proceedings taken
against, any law enforcement officer, employee, or representative of the
Agency, including, but not limited to(1) investigative records,(2)
allegations or complaints made,(3) statements of charge,(4) transcripts of
hearings,(5) notices of decision,(6) letters of termination or
resignation,(7) letters of reinstatement,(8) record of appeal,(9) final
decisions rendered,(10) records sufficient to show any and all penalties
imposed or corrective action taken by the Agency, and(11) all
correspondence, written communications, e-mails, faxes, memorandum and the
like pertaining to any such allegations, complaints, or disciplinary
proceedings.*

I will contact the appropriate custodian(s) of these records. They will
begin gathering the records/documents you have requested, which we will
send no later than Thursday, December 15, 2021, assuming 1.) Fredonia
maintains said records, 2.) the records are reasonably described, and 3.)
the records fall within the parameters of the law.

Please be advised that the law also states that a fee of twenty-five cents
per photocopy may be charged to you in association with this request OR an
amount equal to the hourly salary attributed to the lowest paid agency
employee who has the necessary skills required to prepare a copy of the
requested record(s), should preparation time exceed two hours. Payment
would be required prior to delivery of said records. If that is the case,
my office will contact you with the estimated cost and instructions for
payment in order to complete your request. Fredonia does not grant fee
waivers.

Amy J. Beers
Director of Internal Control, Enterprise Risk Manager
Records Management Officer, Records Access Officer
407 Maytum Hall
State University of New York at Fredonia
Phone: 716-673-4925
Fax: 716-673-3618
---

On Oct. 27, 2021:
Subject: New York Freedom of Information Law Request: University police
department misconduct allegations and disciplinary proceedings (State
University Of New York Police At Fredonia)
To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, we respectfully
request copies of all materials and records pertaining to any and all
allegations of misconduct, and any and all disciplinary actions or
proceedings taken against, any law enforcement officer, employee, or
representative of the Agency, including, but not limited to
(1) investigative records,
(2) allegations or complaints made,
(3) statements of charge,
(4) transcripts of hearings,
(5) notices of decision,
(6) letters of termination or resignation,
(7) letters of reinstatement,
(8) record of appeal,
(9) final decisions rendered,
(10) records sufficient to show any and all penalties imposed or corrective
action taken by the Agency, and
(11) all correspondence, written communications, e-mails, faxes, memorandum
and the like pertaining to any such allegations, complaints, or
disciplinary proceedings.

For a more specific definition of the term “law enforcement disciplinary
record,” please see Section 86 of the New York Public Officers Law, which
defines a “law enforcement disciplinary record” as “any record created in
furtherance of a law enforcement disciplinary proceeding, including, but
not limited to: (a) the complaints, allegations, and charges against an
employee; (b) the name of the employee complained of or charged; (c) the
transcript of any disciplinary trial or hearing, including any exhibits
introduced at such trial or hearing; (d) the disposition of any
disciplinary proceeding; and (e) the final written opinion or memorandum
supporting the disposition and discipline imposed including the agency's
complete factual findings and its analysis of the conduct and appropriate
discipline of the covered employee.”

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 requested records are typically required to be retained, in part, under
the New York State Records Retention and Disposition Schedule for New York
Local Government Records, LGS-1 (
http://www.archives.nysed.gov/records/local-government-record-schedule/lgs-1-title-page):

"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."
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.

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: 617-500-7123.

This request is being submitted to each policing agency in New York as part
of a collaborative project led by Gannett Co., Inc., the ultimate parent
corporation of the Democrat & Chronicle, 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
617-500-7123

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 120636
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.