New York Freedom of Information Law Request: Personnel and disciplinary records, subject: fmr. Police Officer Aliea Persaud

Your request FOIL-2023-056-06157 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.

Request Title: New York Freedom of Information Law Request: Personnel and disciplinary records, subject:

Request Description: Other Request

Request Type: Other Request

Other Request
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To Whom It May Concern:

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

Personnel and the complete disciplinary record of former Police Officer Aliea Persaud and all disciplinary records that identify P.O. Aliea Persaud as a subject. For specificity and to rule out duplicates, P.O. Aliea Persaud may be identified by Shield Number 13797.

Divisions that may hold responsive records include Internal Affairs, Employment Management, and Department Advocate's Office; however, any record used to evaluate performance toward the subject's continued employment or promotion should be considered 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."

Under precedent, Freedom of Information Law uses a "balancing test" method of weighing privacy interests favoring redaction/denial against the public interest in favor of disclosure. This matter is of clear public interest for the following reasons: P.O. Aliea Persaud has been publicly accused of engaging in an off-duty act of domestic violence in the County of Queens: https://www.msn.com/en-us/news/crime/2-off-duty-nypd-officers-arrested-in-separate-domestic-violence-incidents/ar-AAZV7TS

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,

Kim Smith

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Requester's Contact Information



Name:
Kim Smith

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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-2023-056-06157. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-06157)

The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2023-056-06157. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-06157) You can expect a response on or about Tuesday, August 1, 2023.
Additional Information: Your request has been assigned to Police Officer Lao (646-610-6430).

Please visit FOIL-2023-056-06157 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-06157)

The New York City Police Department (NYPD) has responded to your FOIL request FOIL-2023-056-06157 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-06157) 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.


* Record 2: 951048_disciplinary_records-2_Redacted.pdf (https://a860-openrecords.nyc.gov/response/2895348)
* Record 1: 951048_disciplinary_records-1_Redacted.pdf (https://a860-openrecords.nyc.gov/response/2895349)
Please visit FOIL-2023-056-06157 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-06157)

The New York City Police Department (NYPD) has closed your FOIL request FOIL-2023-056-06157 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-06157)
Redactions have been made to the document(s) in that release of information would represent an unwarranted invasion of personal privacy {§ 87.2 (b)}. - Disciplinary Records 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. - Personnel Records Your request under the Freedom of Information Law (FOIL) has been reviewed and the documents you requested have been posted on the OpenRecords portal. - Disciplinary 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: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2023-056-06157%20-%20Appeal)