Mugshots of Chad Washington between May 4, 2013 and May 10, 2013

Conor Skelding filed this request with the New York City Police Department of New York City, NY.
Tracking # 2013-PL-7743
Status
Rejected
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Communications

From: Conor Skelding

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

Any and all mug shots taken of Chad Washington taken between the days of May 4, 2013 and May 10, 2013.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Conor Skelding

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: New York City Police Department

An acknowledgement letter, stating the request is being processed.

From: New York City Police Department

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2013-PL-7743.

Thank you for your help.

From: Conor Skelding

To Whom It May Concern:

This is an appeal for 2013-PL-7743, which was rejected via attached letter dated November 14, 2013.

Lieutenant Mantellino's grounds for rejecting this request are untenable. My request for the mug shots of Chad Washington in May 2013 is not only a routine request but seeks records that are squarely within the realm of releasable records.

In 2006, the New York Committee on Open Government issued an advisory opinion in a nearly identical case (available here: http://docs.dos.ny.gov/coog/ftext/f15904.htm).

In that advisory opinion, the Committee on Open Government found that "unless cases against individuals charged are considered to have been terminated in their favor, in which instances the mugshots would be sealed, we believe that mugshots maintained by New York State or local agencies must be disclosed pursuant to the Freedom of Information Law.

Please review this request and provide the mug shots that can be properly released under FOIL.

Thank you,

Conor Skelding

From: New York City Police Department

A letter stating that the request appeal has been rejected.

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