Bresett Disciplinary Records

Chris Gelardi filed this request with the Department of Corrections and Community Supervision of New York.
Tracking #

23-06-363

Status
Completed
Tags

Communications

From: Chris Gelardi

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

The complete disciplinary records of corrections officers Christopher J. Bresett, Gregory J. Bresett, and Gregory M. Bresett.

Citing the FOIL Subject Matter List of the Department of Corrections and Community Supervision last known to be updated February 16, 2021, the record would be listed under subheading "EMPLOYEE SUBJECTS" where this describes the following described records:

* Employee Investigations
* Executive Facility Files
* Human Resources/Personnel
* Labor Relations

Per legislation signed by the Governor on June 12, 2020, as Chapter 96 of the New York State Laws of 2020, these are now subject to release upon request through the state's Freedom of Information Law; records may not be withheld citing New York State Civil Rights Law 50-a (repealed).

Explicitly releasable are records including:

* complaints, allegations, and charges;
* 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;
* 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.

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,

Chris Gelardi

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-06-363.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-23-06-363.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:

Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050

From: Department of Corrections and Community Supervision

[cid:image001.png@01D9BD8F.E8D4BF50]
Kathy Hochul
Governor
Daniel F. Martuscello III
Acting Commissioner

Attached please find the response to your Freedom of Information Law request.

If you do not agree with this decision, you may appeal by contacting the Office of the Counsel, Department of Corrections and Community Supervision, State Campus, Building #4, 1220 Washington Avenue, Albany, New York 12226, in writing.

Brianna White
Assistant Records Access Officer

CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.

If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.

From: Chris Gelardi

Hello,

I am following up on emails I sent August 3 and August 16.

I have outstanding records requests for which DOCCS has asked me to provide payment. They are the following:
23-03-367 (Media Review Reports)
23-06-358 (Drinkwine Disciplinary Records)
23-06-361 (Mason Disciplinary Records)
23-06-363 (Bresett Disciplinary Records)

My understanding is that DOCCS is able to send me these records via CD for $2 each. I'd like to request receiving the records in that format. Please confirm that this is possible and let me know how I should proceed.

Thanks for your time.

Sincerely,
Chris Gelardi

From: Department of Corrections and Community Supervision

[cid:image001.png@01D9EA24.DC487A80]
Kathy Hochul
Governor
Daniel F. Martuscello III
Acting Commissioner

This is in response to your New York State Freedom of Information Law request.

We have received your check covering the photocopying fee for the attached 126 pages of responsive records.

Records Access Officer

RAO:14

CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.

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