Police Officer Mario Stewart/ Complaints
| Submitted | March 28, 2023 |
| Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: George Johnston
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I seek all complaints filed against ESU Officer Mario Stewart.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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. I would prefer the request filled 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,
George Johnston
From: Mount Vernon City Police Department
Good Day,
Thank you for your recent FOIL request. Your request will be forwarded to the appropriate department (s) for a response. After the search has been performed the Law Department will contact you to inform you of the results of the search. It is the City’s goal to complete your request within 20 business days from its receipt. However, due to the number of requests being processed, your request might be completed beyond the date provided.
If responsive records are located, you will be notified and informed of the required payment, if any. Advance payment is required in check or money order payable to the City of Mount Vernon before documents will be released.
Please be advised that duplicative requests, records already provided, and appeals previously answered, will not be considered.
If there are any questions or concerns with regard to the above, please feel free to contact this office.
Respectfully,
City of Mount Vernon – FOIL Team
[City-Seal-GoldMaroon-Small]
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 March 28, 2023. 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: Mount Vernon City Police Department
Good Day,
Resending Acknowledgment that was sent to you on March 29/2023 3:55PM concerning your FOIL Request:
Thank you for your recent FOIL request. Your request will be forwarded to the appropriate department (s) for a response. After the search has been performed the Law Department will contact you to inform you of the results of the search. It is the City’s goal to complete your request within 20 business days from its receipt. However, due to the number of requests being processed, your request might be completed beyond the date provided.
If responsive records are located, you will be notified and informed of the required payment, if any. Advance payment is required in check or money order payable to the City of Mount Vernon before documents will be released.
Please be advised that duplicative requests, records already provided, and appeals previously answered, will not be considered.
If there are any questions or concerns with regard to the above, please feel free to contact this office.
Respectfully,
City of Mount Vernon – FOIL Team
[City-Seal-GoldMaroon-Small]
From: Mount Vernon City Police Department
Re: Freedom of Information Law (F.O.I.L.) Request
Complaints filed against ESU Officer Mario Stewart
Dear Mr. Johnston:
As per the Department of Public Safety, there are no records responsive to your request.
To the extent your request seeks records related to unsubstantiated allegations or complaints, we note that New York Public Officer’s Law § 87 continues to exempt these records from disclosure where disclosure would constitute an “unwarranted invasion of personal privacy.” Additionally, records related to complaints made prior to the repeal of New York Civil Rights Law § 50-a continue to be protected from disclosure, as New York State Legislature showed no intent for the legislation to be applied retroactively. We also note that the records sought by this request are currently the subject of litigation in the matter of Gannet Co., Inc. d/b/a Democrat & Chronicle v. City of Mount Vernon Police Dept., et. al. (Index No. 60904/2022).
If you should have any further questions, please feel free to contact this office at 914-665-2366.
Respectfully,
City of Mount Vernon – FOIL Team
[City-Seal-GoldMaroon-Small]
From: George Johnston
The repeal of Civil Rights Law § 50-a makes all “law enforcement disciplinary records,” including those that contain uncharged or unsubstantiated allegations of misconduct, subject to presumptive disclosure under FOIL. The New York Supreme Court’s decision in Schenectady Police Benevolent Ass’n v. City of Schenectady, 2020 NY Slip Op 34346(U) (Schenectady Cty. Sup. Ct. December 29, 2020), is instructive on this point and is a remains binding.