Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Menands Village Police Department of Menands, NY.
Due Oct. 23, 2020
Est. Completion None
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:

Dear Beryl Lipton,

I have received your FOIL request
To advise you none of the records that requested are available
electronically.
There will be 25 cents per page charge to you.
We have to manually look for these records.
It may take over 20 Days to go through these records to compile the
information you have requested.

Don Handerhan
Village Clerk
Village of Menands
280 Broadway
Menands, NY 12204
(518) 434-2922
Fax: (518) 427-7303
www.villageofmenands.com

From: Menands Village Police Department

Per your request I have the following question before I can complete your
request:

1. Can you please clarify what is meant by Representative of this
policing agency?
2. Materials responsive to this request include — but are not limited to
— all complaints, reports, records of discipline and penalties. Can you
please identify what records you are seeking.
3. relevant related correspondence, What is meant by this?
4. 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. I believe this would constitute an
invasion of privacy.

Don Handerhan
Village Clerk
Village of Menands
280 Broadway
Menands, NY 12204
(518) 434-2922
Fax: (518) 427-7303
www.villageofmenands.com

From: Beryl Lipton

Hello Mr. Handerhan,

I apologize for having missed your message. To address your questions:

1. Can you please clarify what is meant by Representative of this policing agency?
I'm primarily interested in records for peace officers and auxiliary officers. A

2. Materials responsive to this request include — but are not limited to — all complaints, reports, records of discipline and penalties. Can you please identify what records you are seeking
I'm primarily interested in complaints and any disciplinary reports and communications that may have followed.

3. relevant related correspondence, What is meant by this?
Any communications that may have been sent regarding a particular complaint and repercussions.

4. 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. I believe this would constitute an invasion of privacy.
I'd be interested to know which records there are and which particular disclosures would result in an invasion of privacy.

Thanks so much for your time and help. Please let me know if there's anything else I can clarify.

Best,
Beryl

From: Beryl Lipton

Hello Mr. Handerhan,

I hope this message finds you well. I last heard from your office in June. I understand that it may take a while longer to process this FOIL, but having a realistic sense of when the request will be completed will help me to avoid unnecessary follow-up messages.

Thanks so much for your help.

Best,
Beryl

From: Beryl Lipton

Hello Mr. Handerhan,

Thank you so much for your time today. I've copied below my original request and some clarifications in response to your previous questions. Please let me know if there is any additional clarification necessary.

Have a great afternoon,
Beryl
617-500-7123
___________

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

_____________

Hello Mr. Handerhan,

I apologize for having missed your message. To address your questions:

1. Can you please clarify what is meant by Representative of this policing agency?
I'm primarily interested in records for peace officers and auxiliary officers. A

2. Materials responsive to this request include — but are not limited to — all complaints, reports, records of discipline and penalties. Can you please identify what records you are seeking
I'm primarily interested in complaints and any disciplinary reports and communications that may have followed.

3. relevant related correspondence, What is meant by this?
Any communications that may have been sent regarding a particular complaint and repercussions.

4. 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. I believe this would constitute an invasion of privacy.
I'd be interested to know which records there are and which particular disclosures would result in an invasion of privacy.

Thanks so much for your time and help. Please let me know if there's anything else I can clarify.

Best,
Beryl

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