Disciplinary record: fmr. Det. Rafael Astacio
It is a clone of this request.
| Tracking # |
2020-056-14335 |
| Submitted | Sept. 25, 2020 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The complete disciplinary record of former Detective Rafael Astacio and all disciplinary records that identify Astacio as a subject.
For specificity and to rule out duplicates, the subject Astacio's birth date is October 17, 1972. His associated Shield Number was 7689. His service dates were from 1995 to 2014 (years approximate and inclusive).
Divisions that may hold responsive records include Internal Affairs and Employment Management.
In accordance with the Freedom of Information Law as amended by Chapter 96 of the Laws of New York of 2020, records that may be released include "the complaints, allegations, and charges against an employee; the name of the employee complained of or charged; the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing; the disposition of any disciplinary proceeding; and 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."
Under precedent, Freedom of Information Law uses a "balancing test" method of weighing privacy interests favoring redaction/denial vs. the public interest in favor of disclosure. This matter is of clear public interest for the following reasons: Astacio is documented to have used police resources as a member of an interstate burglary ring (please see attached PDF). Astacio is also presently a federal prisoner who is petitioning for early release.
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,
T. McElwee
From: New York City Police Department
Your request FOIL-2020-056-14335 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.
Request Title: Disciplinary record: fmr. Det. Rafael Astacio
Request Description: Other Request
Request Type: Other Request
Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description:
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The complete disciplinary record of former Detective Rafael Astacio and all disciplinary records that identify Astacio as a subject.
For specificity and to rule out duplicates, the subject Astacio's birth date is October 17, 1972. His associated Shield Number was 7689. His service dates were from 1995 to 2014 (years approximate and inclusive).
Divisions that may hold responsive records include Internal Affairs and Employment Management.
In accordance with the Freedom of Information Law as amended by Chapter 96 of the Laws of New York of 2020, records that may be released include "the complaints, allegations, and charges against an employee; the name of the employee complained of or charged; the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing; the disposition of any disciplinary proceeding; and 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."
Under precedent, Freedom of Information Law uses a "balancing test" method of weighing privacy interests favoring redaction/denial vs. the public interest in favor of disclosure. This matter is of clear public interest for the following reasons: Astacio is documented to have used police resources as a member of an interstate burglary ring (please see attached PDF). Astacio is also presently a federal prisoner who is petitioning for early release.
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,
T. McElwee
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/LXHXZZTVENTLKU/88942/0b6ad3ab-c905-447c-aec9-bdb8b3be5bb0.pdf
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
Attached File: 0b6ad3ab-c905-447c-aec9-bdb8b3be5bb0.pdf: 0b6ad3ab-c905-447c-aec9-bdb8b3be5bb0.pdf (https://a860-openrecords.nyc.gov/response/1230840)
Requester's Contact Information
Name:
T. Mcelwee
Title:
Not provided
Organization:
Not provided
Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
Not provided
State:
Not provided
Zip Code:
Not provided
You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-14335. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-14335)
From: New York City Police Department
The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2020-056-14335. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-14335) You can expect a response on or about Thursday, February 18, 2021.
Additional Information:
Your request has been assigned to Police Officer Tanchajja (646-610-4296). Note: Due to issues caused by the COVID-19 pandemic there may be extensive delays, lasting up to one year, in determining your request.
Please visit FOIL-2020-056-14335 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-14335)
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 Sept. 25, 2020. You previously indicated that it would be completed on Feb. 18, 2021. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-14335.
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 Sept. 25, 2020. You had previously indicated that it would be completed on Feb. 18, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-14335.
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 Sept. 25, 2020. You had previously indicated that it would be completed on Feb. 18, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-14335.
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 Sept. 25, 2020. You had previously indicated that it would be completed on Feb. 18, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-14335.
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 Sept. 25, 2020. You had previously indicated that it would be completed on Feb. 18, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-14335.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
The New York City Police Department (NYPD) has responded to your FOIL request FOIL-2020-056-14335 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-14335) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.
* 2010: Rafael_Astacio_2010-2512_Redacted.pdf (https://a860-openrecords.nyc.gov/response/1895046)
* 2000: PO_Astacio_914287-76247_003.pdf (https://a860-openrecords.nyc.gov/response/1895047)
* 2012: Det._Astacio_914287-7551.pdf (https://a860-openrecords.nyc.gov/response/1895048)
Please visit FOIL-2020-056-14335 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-14335)
From: New York City Police Department
The New York City Police Department (NYPD) has closed your FOIL request FOIL-2020-056-14335 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-14335)
Your request under the Freedom of Information Law (FOIL) has been fulfilled and the documents you requested have been emailed to you.
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2020-056-14335%20-%20Appeal)
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