David Afanador Discipline Record

Jake Offenhartz filed this request with the New York City Police Department of New York City, NY.
Tracking #

2021-056-05839

Status
Completed

Communications

From: Jake Offenhartz


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 NYPD Officer David Afanador and all disciplinary records that identify Afanador as a subject.

Divisions that may hold responsive records include Internal Affairs, Personnel Bureau and Employment Management. However, all records fitting the description of a disciplinary record should be released as responsive.

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."

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,

Jake Offenhartz

From: New York City Police Department

Your request FOIL-2021-056-05839 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.

Request Title: David Afanador Discipline Record

Request Description: Other Request

Request Type: Other Request

Other Request
Type of Request:
Report #:
Date:
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Precinct:
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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 NYPD Officer David Afanador and all disciplinary records that identify Afanador as a subject.

Divisions that may hold responsive records include Internal Affairs, Personnel Bureau and Employment Management. However, all records fitting the description of a disciplinary record should be released as responsive.

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."

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,

Jake Offenhartz

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Requester's Contact Information



Name:
Jake Offenhartz

Title:
Not provided

Organization:
Not provided

Email:
requests@muckrock.com (mailto:requests@muckrock.com)

Phone Number:
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Fax Number:
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Street Address (line 1):
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Street Address (line 2):
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City:
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State:
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Zip Code:
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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-05839. (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-05839)

From: New York City Police Department

The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2021-056-05839. (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-05839) You can expect a response on or about Tuesday, August 31, 2021.
Additional Information: Your request has been assigned to Principal II Ellis (646-610-6426). 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-2021-056-05839 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-05839)

From: New York City Police Department

The New York City Police Department (NYPD) has responded to your FOIL request FOIL-2021-056-05839 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-05839) 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.


* 2020-15600: 2020-15600_Redacted.pdf (https://a860-openrecords.nyc.gov/response/1635929)
* 2014-29385: 2014-29385_Redacted.pdf (https://a860-openrecords.nyc.gov/response/1635930)
* 2021-06673: 2021-06673_Redacted.pdf (https://a860-openrecords.nyc.gov/response/1635931)
Please visit FOIL-2021-056-05839 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-05839)

From: New York City Police Department

The New York City Police Department (NYPD) has closed your FOIL request FOIL-2021-056-05839 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-05839)
Redactions have been made to the document(s) in that release of information would represent an unwarranted invasion of personal privacy {§ 87.2 (b)}. Redactions have been made to the document(s) in that release of information would reveal non-routine investigative techniques {§ 87.2 (e)(iv)}. I must deny access to the records you requested on the basis of Public Officers Law Section 87(2)(a). These records are sealed under court order, pursuant to Criminal Procedure Law Section 160.50 and can only be requested by the arrested person or their representative.

In order to release these records, this unit must receive a notarized affidavit from the arrested person or their representative within thirty (30) days of the date of this email, addressed to the attention of Police Officer TANCHAJJA (646-610-4296), who has been assigned to handle your case. Failure to do so will result in this file being CLOSED. In regard to the document(s) which you requested, I must deny access to these records on the basis of Public Officers Law Section 87(2)(e)(i) as such records/information, if disclosed would interfere with law enforcement investigations or judicial proceedings.
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-2021-056-05839%20-%20Appeal)

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