Police department misconduct allegations and disciplinary proceedings

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

It is a clone of this request.

Due March 1, 2022
Est. Completion June 15, 2022
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

From: Hudson Police Department

My apologies. I drafted an email response to you on June 26th, but
mistakenly forgot to send it. I believe this request was inadvertently
sent to our police department (Hudson NY) - I think it is intended for
Hudson MA
respectfully,
Chief
---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Fri, Jun 26, 2020 at 2:56 AM
Subject: New York Freedom of Information Law Request: Police department
misconduct allegations and disciplinary proceedings
To: <l.edward.moore@hudsonpoliceny.org>

Hudson Police Department
FOIL Office
911 Municipal Drive
Hudson, MA 01749

June 26, 2020

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

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly:
https://accounts.muckrock.com/accounts/login/?url_auth_token=AAAWbHOM_-26CDTfqRW69U096ec%3A1joiHE%3AmlI9PltFosjchJZs2D7gyb1g6M0&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fpolice-department-9473%252Fpolice-department-misconduct-allegations-and-disciplinary-proceedings-97021%252F%253Femail%253Dl.edward.moore%252540hudsonpoliceny.org
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For mailed responses, please address (see note):
MuckRock News
DEPT MR 97021
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.

From: Hudson Police Department

To whom it may concern,

Please be advised that this office has received two separate email
correspondences from your email address regarding an attempt to submit a
FOIL Request, however, both times the request was addressed to the Hudson
Police Department FOIL Office at 911 Municipal Drive in Hudson, *Massachusetts
*01749. Chief L. Edward Moore did respond to your email a week ago, but
did not receive a response. Therefore, I am contacting you today.

If you would like to submit a request to this department please respond to
this email address and address your request to the Hudson City Police
Department, 701A Union Street, Hudson NY 12534.

Sincerely,
Debra Benziger
HPD Records Clerk

From: Hudson Police Department

To whom it may concern,

Please see the below message which was sent on July 14, 2020. Until a FOIL
Request is received that is addressed to our agency, no work will be
completed. If your intention is to submit a request to the Hudson City
Police Department in New York, please do so as stated below.

Thank you,
Debra Benziger
Records Clerk

---------- Forwarded message ---------
From: Hudson Police Department <hpd@hudsonpoliceny.org>
Date: Tue, Jul 14, 2020 at 11:18 AM
Subject: FOIL Request
To: <requests@muckrock.com>

To whom it may concern,

Please be advised that this office has received two separate email
correspondences from your email address regarding an attempt to submit a
FOIL Request, however, both times the request was addressed to the Hudson
Police Department FOIL Office at 911 Municipal Drive in Hudson, *Massachusetts
*01749. Chief L. Edward Moore did respond to your email a week ago, but
did not receive a response. Therefore, I am contacting you today.

If you would like to submit a request to this department please respond to
this email address and address your request to the Hudson City Police
Department, 701A Union Street, Hudson NY 12534.

Sincerely,
Debra Benziger
HPD Records Clerk

From: Beryl Lipton

Hello, Ms. Benziger —

I apologize for the earlier confusion. Please find below an updated version of this FOIL request.

Many thanks for your time and help.

Best,
Beryl
________________

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

From: Hudson Police Department

Dear Sir,

Pursuant to Section 45 of the Hudson City Code, all Freedom of Information
Law requests must be submitted to the Hudson City Clerk.
Please submit your request to the following email address for processing -
cityclerk@cityofhudson.org.

Sincerely,
Debra Benziger
HPD Records Clerk

From: Beryl Lipton

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

From: Hudson Police Department

Dear Beryl Lipton,
This is an acknowledgment for your FOIL request which was received by this office on 10/27/2021.

Due to the large amount of work entailed with this request, a good faith effort will be put forth and the documents will be released on a rolling basis as outlined in the request. The deadline date for this request will be met on or before 5/3/2022.

Kind regards,

Cherri Hirsch
Account Clerk
City of Hudson
520 Warren Street
Hudson, NY 12534
Tel. 518-828-1030
Fax. 518-828-3103

From: Beryl Lipton

Hello, Ms. Hirsch —

Thank you so much for your letter. I'll be glad to hear from your office again.

Best wishes,
Beryl

From: Hudson Police Department

Dear Beryl,
Please see attached letter from the Hudson Police Department regarding your documents.
Regards,

Cherri Hirsch
Account Clerk
City of Hudson
520 Warren Street
Hudson, NY 12534
Tel. 518-828-1030
Fax. 518-828-3103

From: Hudson Police Department

Dear Ms. Lipton,
As we have not had a response from you please see the attached letter from the Hudson Police Department.

Kind regards,

Cherri Hirsch
Account Clerk
City of Hudson
520 Warren Street
Hudson, NY 12534
Tel. 518-828-1030
Fax. 518-828-3103

From: Beryl Lipton


To Whom It May Concern:

Please find enclosed a check for $24.75 to satisfy the fee associated with the attached public records request.

Thank you.

From: Beryl Lipton

Hello, Ms. Hirsch —

I apologize for not having responded earlier. A check for the $24.75 will be headed your way soon.

Thank you so much for your time and help.

Best,
Beryl

From: Hudson Police Department

As indicated in the attached letter dated 1/24/2022, copy attached, the request was closed after no response had been received within 30 days of the date of the correspondence. Please resubmit a new request.

Tracy S. Delaney
City Clerk
Registrar of Vital Statistics
Records Access Officer
City of Hudson
City Hall
520 Warren Street
Hudson, NY 12534

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. Responsive materials include all law enforcement disciplinary records.

According to FOIL:

"Law enforcement disciplinary records” means 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."

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, beyond the required retention period, 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: Hudson Police Department

In response to your FOIL request below received by this office on 5/10/2022, please be advised that the City of Hudson is working to gather the responsive document(s) and are reviewing same to ensure disclosure is in accordance with Freedom of Information Law. To that end, the City Clerk’s Office anticipates a response to your request, either granting or denying whole or in part, to be completed on or before 6/15/2022.

Tracy S. Delaney
City Clerk
Registrar of Vital Statistics
Records Access Officer
City of Hudson
City Hall
520 Warren Street
Hudson, NY 12534

From: Beryl Lipton

Hello —

Thank you very much for this confirmation that your office has received our FOIL request. Please let me know if your office has any additional questions. If you could please let me know when our check has been received and if it can be held to satisfy any fees associated with this request, I would appreciate it.

Many thanks for your time and help.

Best wishes,
Beryl

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