Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
Submitted | June 17, 2020 |
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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: Muckrock Staff
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.
From: Harriman Village Police Department
An acknowledgement letter, stating the request is being processed.
From:
Please see attached
Chief Daniel Henderson
Village of Harriman Police Department
1 Maple Ave
Harriman, NY 10926
(845)782-6644
Fax (845)782-7735
<mailto:hpdcruz@frontiernet.net> hpdhenderson@frontier.com
Harriman Police logo cid:image008.png@01CFBD52.16050770
cid:image009.jpg@01CFBD52.16050770
Session 242
This e-mail, including any attachments, may contain highly sensitive and
confidential information.
It is intended only for the individual(s) named.
If you received this e-mail in error or from someone who was not authorized
to send it to you, do not disseminate, copy or otherwise use this e-mail or
its attachments. Please notify the sender immediately by reply e-mail and
delete the e-mail from your system.
From: Muckrock Staff
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.
From: Harriman Village Police Department
I replied via fax and post office mail.
From: Beryl Lipton
Hello Chief Henderson,
I hope this message finds you well. I last heard from you in June, and I'm hoping you can provide me with an update on where this FOIL request stands.
Thanks so much for your help.
Best,
Beryl
From:
Beryl, see attached. Thank you, Dan
Chief Daniel Henderson
Village of Harriman Police Department
1 Maple Ave
Harriman, NY 10926
(845)782-6644
Fax (845)782-7735
Session 242
This e-mail, including any attachments, may contain highly sensitive and confidential information.
It is intended only for the individual(s) named.
If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system.
From: Muckrock Staff
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.
From: Muckrock Staff
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.
From: Muckrock Staff
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.
From: Muckrock Staff
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.
From: Muckrock Staff
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.
From: Harriman Village Police Department
To Whom it May Concern,
This is an acknowledgement of your request. As stated in previous response more time will be needed to process your request. Please check back 120 days from this email. Thank you, Daniel Henderson, Chief of Police (Village of Harriman Police Department)
From: Muckrock Staff
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.
From: Harriman Village Police Department
To Whom it May Concern, This is another acknowledgement that I have received your request for disciplinary records. I am still in the process of gathering information and will need an additional 90 days. Also, the village of Harriman has a FOIL request form on the website at villageofharriman.org. Please fill that out before and forwarded to the address on the website. Thank you, Daniel Henderson, Chief of Police, Village of Harriman Police Dept.
From: Muckrock Staff
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.
From: Muckrock Staff
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 June 17, 2020. You had previously indicated that it would be completed on Oct. 1, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
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 June 17, 2020. You had previously indicated that it would be completed on Oct. 1, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
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 June 17, 2020. You had previously indicated that it would be completed on Oct. 1, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Beryl Lipton
Hello, Chief Henderson —
I hope this message finds you very well. I'm writing to follow up on my FOIL request and to ask if you have an estimate for the amount of additional time your office would need to process this request.
I appreciate your time and help, and I'll look forward to hearing from you again.
Best,
Beryl
From:
To whom it may concern,
I have recently been made aware of your FOIL request that was sent to the previous Chief. I do not have access to the original FOIL request, so please submit your request to my email address.
Thank you,
Get Outlook for iOS<https://aka.ms/o0ukef>
From: Muckrock Staff
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 June 17, 2020. You had previously indicated that it would be completed on Oct. 1, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Harriman Village Police Department
To who it may concern,
I am the new chief of the Harriman Police Department and have just been made aware of this FOIL request. Due to the voluminous nature of your request and my transition to the new position, I will need 90 business days to search the requested records. Please send any future correspondence to this email address.
Thank you,
Patrick Tenaglia
Chief of Police
Harriman Police Department
1 Maple Avenue
Harriman, NY 10928
Main: (845) 782-6644
Fax: (845) 782-7735
www.villageofharriman.org/police
From: Muckrock Staff
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 June 17, 2020. You had previously indicated that it would be completed on March 20, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Harriman Village Police Department
To whom it may concern,
We contacted your agency via phone on 01/24/2022 and a voicemail was left with instructions for remittance of payment prior to receiving the requested documents. No response or payment was received from your organization. The requested documents consist of 82 pages with a total cost of $20.52. The Village accepts cash, check, or money order for FOIL request payments. Please send the payment remittance to the following address:
Village of Harriman
ATTN: Village Clerk, Jane Leake
1 Church Street
Harriman, NY 10926
Thank you,
Patrick Tenaglia
Chief of Police
Harriman Police Department
1 Maple Avenue
Harriman, NY 10926
Main: (845) 782-6644
Fax: (845) 782-7735
www.villageofharriman.org/police<http://www.villageofharriman.org/police>
www.Facebook.com/HarrimanPDNY<http://www.Facebook.com/HarrimanPDNY>
From: Beryl Lipton
Hello, Mr. Tenaglia —
Many thanks for this follow-up email. I will submit payment to your agency soon.
Have a wonderful week,
Beryl
From: Beryl Lipton
To Whom It May Concern:
Please find enclosed a check for $20.52 to satisfy the fee associated with the attached public records request.
Thank you.
Village of Harriman
ATTN: Village Clerk, Jane Leake
1 Church Street
Harriman, NY 10926
From: Muckrock Staff
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 June 17, 2020. You had previously indicated that it would be completed on March 20, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Harriman Village Police Department
A copy of documents responsive to the request.
From: Muckrock Staff
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 June 17, 2020. You had previously indicated that it would be completed on March 20, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Harriman Village Police Department
Good morning,
The records were mailed to your organization on 04/08/2022. Please also update your website, which shows a status of awaiting response from our agency. We have complied with your request and would request that your website reflect this.
Thank you,
Patrick Tenaglia
Chief of Police
Harriman Police Department
1 Maple Avenue
Harriman, NY 10926
Main: (845) 782-6644
Fax: (845) 782-7735
www.villageofharriman.org/police<http://www.villageofharriman.org/police>
www.Facebook.com/HarrimanPDNY<http://www.Facebook.com/HarrimanPDNY>
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