CCRB file - David Afanador
| Tracking # |
2020-054-00156 |
| Submitted | June 21, 2020 |
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Communications
From: Shreyas Gandlur
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Copy of the full and entire Civilian Complaint Review Board ("CCRB") file for David Afanador, including without limitation any and all documents describing:
A. Substantiated complaints;
B. Unsubstantiated complaints;
C. Allegations or informal or formal charges;
D. Investigation, including without limitation any and all interview transcripts, audio, video, or notes and any photos or videos of an alleged incident;
E. CCRB proceedings, including without limitation transcripts and exhibits;
F. Findings, statements, opinions, transcripts, or any other document created by any NYPD agencies, district attorney offices, or courts;
G. Correspondence, including without limitation any and all correspondence with the subject officer, any other officers, any victims or complainants, any other witnesses, and any district attorney's office;
H. Findings, including without limitation reports or memoranda or opinions of factual findings, dispositions, or analysis of conduct;
I. Recommendations for discipline; and
J. Discipline;
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,
Shreyas Gandlur
From: Civilian Complaint and Review Board
Your request FOIL-2020-054-00156 has been successfully submitted to the Civilian Complaint Review Board (CCRB).
The details of your request are shown below.
Requester's Contact Information
Name:
Shreyas Gandlur
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-2020-054-00156. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has acknowledged your FOIL request FOIL-2020-054-00156. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) You can expect a response on or about Friday, November 6, 2020.
Additional Information:
Due to the COVID-19 pandemic and an influx of requests due to the repeal of 50-a, responses to FOIL requests may take longer than usual.
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
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 June 21, 2020. You previously indicated that it would be completed on Nov. 6, 2020. 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 #2020-054-00156.
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 June 21, 2020. You previously indicated that it would be completed on Nov. 6, 2020. 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 #2020-054-00156.
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 June 21, 2020. You previously indicated that it would be completed on Nov. 6, 2020. 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 #2020-054-00156.
Thanks for your help, and let me know if further clarification is needed.
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00156 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) You can expect a response on or about Monday, March 22, 2021.
Additional Information:
Due to the ongoing litigation in Uniformed Fire Officers Association, et. al. v. Bill de Blasio, et. al., 20-cv-05441-KPF, additional time is required to review the records and determine what information can be released.
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has responded to your FOIL request FOIL-2020-054-00156 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) 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.
* Afanador Complaint Reports: Afanador_Complaint_Reports_as_of_2021-03-22.zip (https://a860-openrecords.nyc.gov/response/1496052)
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
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Afanador_Complaint_Reports_as_of_2021-03-22
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00156 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) You can expect a response on or about Tuesday, March 22, 2022.
Additional Information:
Please be advised that the CCRB has an extreme backlog of FOIL requests that have been accumulating since July 2020 when the Court imposed a stay in Uniformed Fire Officers Association, et. al. v. Bill de Blasio, et. al., 20-cv-05441-KPF. We appreciate your patience and will get to your request as soon as feasible.
If the provided complaint reports satisfy your request, you no longer seek some or all of these records, or otherwise wish to amend your request, please send an email stating such to FOIL@ccrb.nyc.gov.
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has responded to your FOIL request FOIL-2020-054-00156 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) 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.
* Afanador Complaint Report as of 3.23.2021: 202004432_Complaint245CCRBRedacted_Redacted.pdf (https://a860-openrecords.nyc.gov/response/2091544)
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00156 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) You can expect a response on or about Wednesday, May 11, 2022.
Additional Information:
Uploaded to OpenRecords is a CCRB complaint report for PO Afandor. Please let us know if the complaint reports provided on March 22, 2021 and today (March 22, 2022) satisfy your request. If you no longer seek some or all of these records, or otherwise wish to amend your request, please send an e-mail to FOIL@ccrb.nyc.gov, stating as much.
Please be advised that the CCRB has an extreme backlog of FOIL requests that have been accumulating since July 2020 when the Court imposed a stay in Uniformed Fire Officers Association, et. al. v. Bill de Blasio, et. al., 20-cv-05441-KPF. We appreciate your patience and will get to your request as soon as feasible.
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has responded to your FOIL request FOIL-2020-054-00156 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) 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.
* Afanador Closing Reports: Afanador_Closing_Reports_Pt._1.zip (https://a860-openrecords.nyc.gov/response/2190464)
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
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Afanador_Closing_Reports_Pt._1
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00156 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) You can expect a response on or about Wednesday, October 19, 2022.
Additional Information:
Uploaded to Openrecords are six (6) closing reports, this is a partial production on your request.
If you no longer seek some or all of these records or otherwise wish to amend your request, please send an email stating such to FOIL@ccrb.nyc.gov.
Additional time is required to locate, review, and produce the remaining records potentially responsive to your request.
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has extended the time to respond to your FOIL request FOIL-2020-054-00156 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) You can expect a response on or about Monday, December 5, 2022.
Additional Information:
Please review the records provided thus far. If the records provided thus far satisfy your request or if you wish to amend your request, please send an email stating such to FOIL@ccrb.nyc.gov. If you seek additional records, please identify which records you are seeking. CCRB's subject matter list of records is available here:
https://www1.nyc.gov/assets/ccrb/downloads/pdf/about_pdf/FOILSubject%20Matter%20List.pdf
Please be advised that if we do not hear from you by the date above, we will mark this request as completed and close it out.
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has responded to your FOIL request FOIL-2020-054-00156 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156) 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.
* All Afanador Closing Reports: All_Afanador_Closing_Reports.zip (https://a860-openrecords.nyc.gov/response/2548590)
Please visit FOIL-2020-054-00156 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
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All_Afanador_Closing_Reports
From: Civilian Complaint and Review Board
The Civilian Complaint Review Board (CCRB) has closed your FOIL request FOIL-2020-054-00156 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-054-00156)
Your request under the Freedom of Information Law (FOIL) is denied in part and granted in part for the reasons stated below.
* These reports contain information, such as names, addresses, ages, and dates of birth, and other personal identifying information as defined in Public Officers Law § 89. As a City agency, we are also subject to N.Y.C. Admin. Code § 23-1201 and are required to withhold personal identifying information to the extent permitted under FOIL. Public Officers Law § 87(2)(b) permits the CCRB to deny access to records or information that “if disclosed would constitute an unwarranted invasion of personal privacy.” Such personal identifying information has been redacted.
* Additionally, Public Officers Law § 87(2)(g)(iii) permits the CCRB to deny access to records that are “inter-agency or intra-agency materials which are not . . . final agency policy or determinations.” Accordingly, we do not disclose CCRB work product, opinions, recommendations, advice, or records which reflect the consultative and deliberative process. Such records were redacted because they do not constitute final agency determinations.
* Other redactions, such as those based on Public Officers Law §§ 87(2)(a) ("specifically exempted from disclosure by state or federal statute”), 87(2)(e) (law enforcement and investigative records), 87(2)(f) (life and safety), and 87(4-b) (technical infractions) are noted as applicable within the reports.
* As noted in our previous communications, as we have not heard from you requesting additional information, we are closing your request as satisfied by the provided records.
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: foil@ccrb.nyc.gov within 30 days. (mailto:foil@ccrb.nyc.gov?subject=FOIL-2020-054-00156%20-%20Appeal)
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