Disciplinary record: former NYPD Officer Thomas Webster

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

2021-056-02795

Status
Processing
Tags

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 NYPD Officer Thomas Webster and all disciplinary records that identify Webster as a subject. For specificity and to rule out duplicates, the subject Webster served in the NYPD from 1995 to 2016 (dates approximate and inclusive).

Divisions that may hold responsive records include Internal Affairs 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,

T. McElwee

From: New York City Police Department

Your request FOIL-2021-056-02795 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.

Request Title: Disciplinary record: former NYPD Officer Thomas Webster

Request Description: Other Request

Request Type: Other Request

Other Request
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Report #:
Date:
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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 former NYPD Officer Thomas Webster and all disciplinary records that identify Webster as a subject. For specificity and to rule out duplicates, the subject Webster served in the NYPD from 1995 to 2016 (dates approximate and inclusive).

Divisions that may hold responsive records include Internal Affairs 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,

T. McElwee

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Requester's Contact Information



Name:
T. Mcelwee

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

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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-2021-056-02795. (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-02795)

From: New York City Police Department

The New York City Police Department (NYPD) has denied your FOIL request FOIL-2021-056-02795 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-02795)
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)(b) as such information, if disclosed, would constitute an unwarranted invasion of personal privacy.
Please visit FOIL-2021-056-02795 to view additional information and take any necessary action. 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: (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-02795) foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2021-056-02795%20-%20Appeal)

From: T. McElwee

This is notice of my appeal of the Records Access Officer's determination on FOIL-2021-056-02795, on grounds that it is an illegal denial of records covered under Freedom of Information Law.

The Records Access Officer incorrectly cites "invasion of personal privacy" language of POL Section 87(2)(b), construing it in a vague and general matter, whereas the actual statute states that a denial may be made for invasion of personal privacy "under the provisions of subdivision two of section eighty-nine of this article."

None of the provisions defining "invasion of personal privacy" of Section 89(2), were cited. Neither was Section 89(2-b), the portion that explicitly governs providing for what may be lawfully redacted from Law Enforcement Disciplinary Records.

Upon information and belief, this is because the Records Access Officer did not perform a search for records and is simply resorting to bogus boilerplate denials This denial is both perfunctory and defective and should be overturned immediately.

I pray for the relief of this request being remanded back to the Records Access Officer with explicit instructions to for the New York City Police Department to cease stonewalling a lawful requests for records citing bogus uses of "personal privacy."

I remind the Appeals Officer that continued denials of this legal request under Freedom of Information Law following administrative appeal stage opens the agency to a complaint under CPLR Article 78, where a judge will be asked to compel the agency to comply with FOIL and may be asked to pay reasonable lawyer's fees.

-T. McElwee

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