Police department misconduct allegations and disciplinary proceedings

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

It is a clone of this request.

Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concn:

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

  • MuckRock_Litigation_Hold_-_Template20-202020-06-17T140115.480.pdf

From:

To whom it may concern -

The Town of Guilderland is in receipt of your FOIL request.
In regards to this request, we will respond on or before July 17, 2020.

Thank you,
*Lynne M. Buchanan*
*Town Clerk/Receiver of Taxes*

Town of Guilderland
PO Box 339
5209 Western Avenue
Guilderland, NY 12084
518-356-1980 x1059
www.townofguilderland.org

*P*
*Think Green. Consider the environment before printing.*

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Wed, Jun 17, 2020 at 5:08 AM
Subject: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
To: <lawlorc@guilderlandpd.org>

Guilderland Police
FOIL Office
5209 Western Turnpike
Altamont, NY 12009

June 17, 2020

To Whom It May Concn:

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
<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.archives.nysed.gov%2frecords%2fretention_mu-1&c=E,1,AxHh5LpL1uYKy-MrzfFMEMP9mYoh4FQlQjTyTkimnJ2-RGJVu_xYGSnagOA8qdCrMI6cM3yY_x3gdUTdjJhstJA0V9ubvsUlJQT8hDMKXw,,&typo=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

Filed via MuckRock.com
<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fMuckRock.com&c=E,1,U2HaLWJOhoAQWWKII-ZaWOyckeagKPD_44hWjcNucwkiQRodlztCQzjh2OzZmIdkscMl92PoYZE_MXj3beNJJov5TxXtX-TGQVuJwxq88bTdu04NJXEYYw,,&typo=1>
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<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2faccounts.muckrock.com%2faccounts%2flogin%2f%3furl_auth_token%3dAAB8xU6esDrgZPusEHomFprSbCY%253A1jlU24%253A8sljBWjPXzl7kF_OUAXD3CnGbqI%26next%3dhttps%253A%252F%252Fwww.muckrock.com%252Faccounts%252Flogin%252F%253Fnext%253D%25252Faccounts%25252Fagency_login%25252Fguilderland-police-6955%25252Fpolice-department-misconduct-allegations-and-disciplinary-proceedings-96051%25252F%25253Femail%25253Dlawlorc%25252540guilderlandpd.org&c=E,1,mKi_hoes6fN5JDHOyPH2DTioYYGci48E3szk_LEVqXsykP0Fqo6EHczk5OS6haRf6HUSyGzHv2ZqvXRwkOofVx8YLencqXjRN-KBoNLUymYzz9E0ecc,&typo=1>
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 96051
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.
--
Chief Dan McNally
Guilderland Police Department
mcnallyd@gpdny.org
Phone: 518.356.1501 Ext 1039
Fax: 518.356.4165

  • MuckRock_Litigation_Hold_-_Template20-202020-06-17T140115.480

From: Guilderland Police

To whom it may concern,
I have attached the Town of Guilderland's response to your June 23, 2020
FOIL request.
Thank you,
*Lynne M. Buchanan*
*Town Clerk/Receiver of Taxes*

Town of Guilderland
PO Box 339
5209 Western Avenue
Guilderland, NY 12084
518-356-1980 x1059
www.townofguilderland.org

*P*
*Think Green. Consider the environment before printing.*

From: Beryl Lipton

Hello Ms. Buchanan —

Please find below an updated version of my previously-submitted Freedom of Information Law request. This version provides additional specificity about the requested information. I understand that appropriate review and redaction will be necessary, and I am happy to discuss limiting this request given the resources of your office.

Thank you so much for your time and help.

Best wishes,
Beryl

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 law enforcement disciplinary records, including materials on allegations of misconduct made and all disciplinary proceedings taken against any law enforcement officer currently or formerly in the employ of this policing agency.

For a more specific definition of the term “law enforcement disciplinary record,” please see Section 86 of the New York Public Officers Law. 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 request records are typically required to be retained, in part, 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 previously-submitted 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 - 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

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: Guilderland Police

The Town of Guilderland is in receipt of your FOIL request.
In regards to this request, we will respond on or before December 31, 2020.

Thank you,
*Lynne M. Buchanan*
*Town Clerk/Receiver of Taxes*

Town of Guilderland
PO Box 339
5209 Western Avenue
Guilderland, NY 12084
518-356-1980 x1059
www.townofguilderland.org

*P*
*Think Green. Consider the environment before printing.*

From: Guilderland Police

Hello Beryl,

Attached is our response to your most recent FOIL request.

Thank you,
*Lynne M. Buchanan*
*Town Clerk/Receiver of Taxes*

Town of Guilderland
PO Box 339
5209 Western Avenue
Guilderland, NY 12084
518-356-1980 x1059
www.townofguilderland.org

*P*
*Think Green. Consider the environment before printing.*

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