837-t Delinquincy Notices

Dear Chris Geraldi:

This will acknowledge receipt of your request for records under the Freedom of Information Law received by the Division of Criminal Justice Services on January 25, 2023. The request was for "All delinquency notices sent from DCJS to local departments/agencies regarding failure to comply with Executive Law 837-t, the use of force data collection law that was signed by the governor in April 2019.".

Your request has been forwarded to the appropriate program area(s) to identify documents that are responsive to your request and which may be made available pursuant to all applicable provisions of the Freedom of Information Law.

A determination as to whether your request is granted or denied will be reached in approximately 20 business days or we will notify you in writing if the responsible program area(s) should require additional time to locate, assemble and review documents that may be responsive to your request.

Please note that, pursuant to Article 6 of the Public Officers Law, a charge may be applied to your request, including the actual cost of the medium used to respond to your Freedom of Information Law request and/or other related costs. When responsive records have been identified, you will be informed of any cost and how payment should be made.

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

Dear Mr. Gelardi,

The amendment to your request has been received.

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

Dear Chris Gelardi:

This is in response to your Freedom of Information Law (FOIL) request to the Division of Criminal Justice Services ("Division") for "Any and all lists of agencies deemed to have been delinquent in their reporting requirements under Executive Law section 837-t (Use of force reporting) as of the end of each calendar year since the law was enacted. I also request any record of wording in delinquency notices sent to said agencies."

Please find attached a .pdf that contains a list of delinquent agencies and a .pdf that is a sample delinquency notice that is sent to agencies when they are delinquent in submitting Use of Force Reports to the Division. Please note that the list was generated on 2/14/2023. A report submitted by an agency after the list was generated would not be reflected on the list. Within the list of delinquent agencies, a Y indicates the agency submitted the report for that month. The agency may have submitted "Nothing to Report" or may have submitted Use of Force incidents. The N indicates that the agency did not submit the Use of Force report to DCJS for that month.

Pursuant to POL §89(4)(a), you may appeal this determination within 30 days to the Counsel, Division of Criminal Justice Services, 80 South Swan St., Albany, NY 12210 or by email at foil@dcjs.ny.gov<mailto:foil@dcjs.ny.gov>.

Very truly yours,

Brian Garvey, Esq.
Records Access Officer