Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Hempstead Village Police Department of Hempstead, NY .
Due Aug. 12, 2020
Est. Completion May 9, 2021
Status
Awaiting Response

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

  • MuckRock_Litigation_Hold_-_Template20-202020-06-17T141908.503.pdf

From: Beryl Lipton

Hello Ms. Lattimore,

I hope this message finds you well. I'm sending along a Freedom of Information Law request I previously attempted to submit via another email address. This version provides additional specificity about the requested information. This request is being made as part of a statewide survey for reporting purposes, and I'm happy to discuss any concerns or questions you may have. I understand if not all responsive records are available for the entire timespan of the request. Please let me know if I should call about this request.

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) 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: 617-299-1832.

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: Hempstead Village Police Department

Hello Staff Reporter Lipton,
Please see attached.

Thank you in advance for your time and attention to this matter.

Tracy Auguste
Deputy Village Attorney
Incorporated Village of Hempstead
99 James A. Garner Way
Hempstead, NY 11550
516-489-3400 ext. 236
Fax: 516-478-6711
E-Mail: tauguste@villageofhempsteadny.gov<mailto:tauguste@villageofhempsteadny.gov>
http://www.villageofhempstead.org<http://www.villageofhempstead.org/>

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Like Us on Facebook<https://www.facebook.com/villageofhempstead/>
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NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments.

From: Hempstead Village Police Department

Hello,
Please see attached.
Thank you in advance for your time and attention to this matter.

Tracy Auguste
Deputy Village Attorney
Incorporated Village of Hempstead
99 James A. Garner Way
Hempstead, NY 11550
516-489-3400 ext. 236
Fax: 516-478-6711
E-Mail: tauguste@villageofhempsteadny.gov<mailto:tauguste@villageofhempsteadny.gov>
http://www.villageofhempstead.org<http://www.villageofhempstead.org/>

[http://dasvrw12.voh.local/DesktopAuthorityConsole/Images/Upload/4f9b3f6a-1f95-4f05-8314-dafd8f1004d9/test.jpg]
Like Us on Facebook<https://www.facebook.com/villageofhempstead/>
Follow Us on Twitter<https://twitter.com/HempsteadVill>
NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments.

From: Hempstead Village Police Department

Good morning.
I sent a letter requesting an extention to produce/answer your request. Did you receive said letter. Please advise.

Get Outlook for iOS<https://aka.ms/o0ukef>

From: Beryl Lipton

Hello,

I apologize for having failed to respond this message earlier. Thank you so much for your most recent update on this request. I'm wondering whether you could please provide an estimated completion date for this request and if you have any questions for me.

Thank you so much for your time and help.

Best wishes,
Beryl

From: Hempstead Village Police Department

Good Morning Beryl,

Thank you for your patience . Please see the attached letter.

Thank you in advance for your time and attention to this matter.

Tracy Auguste
Deputy Village Attorney
Incorporated Village of Hempstead
99 James A. Garner Way
Hempstead, NY 11550
516-489-3400 ext. 236
Fax: 516-478-6711
E-Mail: tauguste@villageofhempsteadny.gov<mailto:tauguste@villageofhempsteadny.gov>
http://www.villageofhempstead.org<http://www.villageofhempstead.org/>

[http://dasvrw12.voh.local/DesktopAuthorityConsole/Images/Upload/4f9b3f6a-1f95-4f05-8314-dafd8f1004d9/test.jpg]
Like Us on Facebook<https://www.facebook.com/villageofhempstead/>
Follow Us on Twitter<https://twitter.com/HempsteadVill>
NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments.

From: Hempstead Village Police Department

Please see attached.

Thank you in advance for your time and attention to this matter.

Tracy Auguste
Deputy Village Attorney
Incorporated Village of Hempstead
99 James A. Garner Way
Hempstead, NY 11550
516-489-3400 ext. 236
Fax: 516-478-6711
E-Mail: tauguste@villageofhempsteadny.gov<mailto:tauguste@villageofhempsteadny.gov>
http://www.villageofhempstead.org<http://www.villageofhempstead.org/>

[http://dasvrw12.voh.local/DesktopAuthorityConsole/Images/Upload/4f9b3f6a-1f95-4f05-8314-dafd8f1004d9/test.jpg]
Like Us on Facebook<https://www.facebook.com/villageofhempstead/>
Follow Us on Twitter<https://twitter.com/HempsteadVill>
NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments.

From: Hempstead Village Police Department

Good Morning,
Please note that the VOH is gathering the material that we have in response to this FOIL request. This is a voluminous request and I am requesting additional time. Please advise.

Thank you in advance for your time and attention to this matter.

Tracy Auguste
Deputy Village Attorney
Incorporated Village of Hempstead
99 James A. Garner Way
Hempstead, NY 11550
516-489-3400 ext. 236
Fax: 516-478-6711
E-Mail: tauguste@villageofhempsteadny.gov<mailto:tauguste@villageofhempsteadny.gov>
http://www.villageofhempstead.org<http://www.villageofhempstead.org/>

[http://dasvrw12.voh.local/DesktopAuthorityConsole/Images/Upload/4f9b3f6a-1f95-4f05-8314-dafd8f1004d9/test.jpg]
Like Us on Facebook<https://www.facebook.com/villageofhempstead/>
Follow Us on Twitter<https://twitter.com/HempsteadVill>
NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments.

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