FOIL Request: Records of cases examined for the Commission's 19th Annual Report within specific categories

T. McElwee filed this request with the Commission To Combat Police Corruption of New York City, NY.
Tracking #

2020-032-00091

Due July 10, 2020
Est. Completion Dec. 4, 2020
Status
Awaiting Response

Communications

From: T. McElwee


To Whom It May Concern:

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

All documents from closed NYPD disciplinary cases as they were received and processed by the Commission in the preparation of the 19th Annual Report (covering periods October 2016 through September 2018) and specifically those that are classified by the Commission's categories as stated in that report: Bribery/Gratuities; Domestic Incident; Criminal Association; Firearms; Narcotics; Property; and Unlawful Conduct.

This includes both the original documents as well as the Commission's assessments of Internal Affairs' handling of the cases.

As amended by legislation ( Assembly Bill 10611/Senate Bill 08496) that was signed on June 12, 2020 by the Governor as Chapter 96 of the New York State Laws of 2020, these records are no longer protected under New York State Civil Rights Law 50-a (repealed immediately). Under the amended Public Officers Law/Freedom of Information Law, records now subject to release under the state's Freedom of Information Law (effective immediately) include:

* 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;
* 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.

To state the public interest in favor of the release of these records, I will quote the Memorandum of Support from the aforementioned legislation:

Recent events have highlighted the importance for the public to have access to information, specifically with regards to law enforcement disciplinary records. The Freedom of Information Law helps achieve the goal of an open and transparent government by providing individuals with greater access to their government. There is a strong presumption under FOIL that government records are accessible to the public. That ability to FOIL this type of record will lead to a greater trust between the public and law enforcement. (see Memo, NYS Assembly Bill 10611/ NYS Senate Bill 08496, "An act to amend the civil rights law and the public officers law, in relation to the disclosure of law enforcement disciplinary records; and to repeal section 50-a of the civil rights law relating thereto.")

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: Commission To Combat Police Corruption

Your request FOIL-2020-032-00091 has been successfully submitted to the Commission to Combat Police Corruption (CCPC).
The details of your request are shown below.


Requester's Contact Information



Name:
T. Mcelwee

Title:
Not provided

Organization:
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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-2020-032-00091. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00091)

From: Commission To Combat Police Corruption

The Commission to Combat Police Corruption (CCPC) has acknowledged your FOIL request FOIL-2020-032-00091. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00091) You can expect a response on or about Monday, October 5, 2020.
Please visit FOIL-2020-032-00091 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00091)

From: Commission To Combat Police Corruption

The Commission to Combat Police Corruption (CCPC) has extended the time to respond to your FOIL request FOIL-2020-032-00091 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00091) You can expect a response on or about Friday, December 4, 2020.

Additional Information:


Please note that due to the COVID-19 pandemic, the Commission to Combat Police Corruption is continuing to work remotely, and has experienced limitations accessing records and utilizing redacting technology. Therefore, the deadline to process your request is being extended. Thank you for your understanding.

Please visit FOIL-2020-032-00091 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00091)

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