NYPD Command Memos

Shawn Musgrave filed this request with the New York City Police Department of New York City, NY.
Tracking # 2014-PL-5870
Est. Completion None
Status
Partially Completed

Communications

From: Shawn Musgrave

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:

All Command Memos maintained by the NYPD Command Reference Library, per procedure 325-18 (attached in part), Reference Number 6, "Orders."

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,

Shawn Musgrave

From: New York City Police Department

An acknowledgement letter, stating the request is being processed.

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 July 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-5870.

Thank you for your help.

From: Shawn Musgrave

Lt. Mantellino -

Please advise as to the status of FOIL #2014-PL-5870. It was submitted more than a month ago, and on the same day as my similar request for Legal Bureau Bulletins. I once again assert my right to request that all communications and provision of documents take place via electronic mail, to the extent practicable by the NYPD FOIL Unit. If this method of transmission and communication is unduly burdensome, I respectfully insist that you provide justification for that determination.

Thank you for your help.

Best,
Shawn

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 July 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-5870.

Thank you for your help.

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 July 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-5870.

Thank you for your help.

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 July 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-5870.

Thank you for your help.

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 July 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-5870.

Thank you for your help.

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 July 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-5870.

Thank you for your help.

From: New York City Police Department

An interim response, stating the request is being processed.

From: New York City Police Department

The request has been rejectedby the agency.

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 July 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-PL-5870.

Thank you for your help.

From: Shawn Musgrave

Jonathan David
Records Access Appeals Officer
New York City Police Department
One Police Plaza - Room 1406
New York, NY 10038-1497

Mr. David:

This is an appeal of the denial of FOIL request 2014-PL-5870, in which I requested copies of all Command Memos maintained by the NYPD Command Reference Library.

In the attached letter of denial, Lt. Mantellino first indicates that the "compiling of the records you requested would require extraordinary efforts not required under FOIL." It is unclear how this could be the case given that — as cited in my original request — it seems that the requested memos are already compiled into the NYPD Command Reference Library, per procedure 325-18 of the NYPD Administrative Guide.

The NYPD had no correlate issue providing copies of all Legal Bureau Bulletins also referenced within the same procedure as part of the NYPD Command Reference Library. (See the agency's response to FOIL 2014-PL-5869, as posted at the following public URL: https://www.muckrock.com/foi/new-york-city-17/nypd-legal-bureau-bulletins-12537/.)

The other exemptions cited by Lt. Mantellino — that the requested command memos comprise inter-agency/intra-agency materials; would reveal non-routine investigative techniques; would endanger the life and safety of any person; or does not represent a final agency determination — are all invoked in a broad stroke fashion without even an attempt to indicate their relevance to the present FOIL request.

Perhaps most concerning is the contention that the materials do not "represent a final agency determination." Per their title, the requested documents are "command memos." I can think of few titles that convey more final official authority than a memo coming from top command within the New York City Police Department.

Lt. Mantellino fails, furthermore, to explain how any of the cited exemptions justify withholding the documents in whole rather than individual redactions.

The FOIL statute is meant to provide the maximum access to government records. In light of the above, I request that the NYPD conduct a good faith search for records and provide copies of all documents fit for public disclosure, in keeping with the letter and spirit of the agency's transparency obligations.

Respectfully,
Shawn Musgrave
MuckRock

From: New York City Police Department

A copy of documents responsive to the request.

From: New York City Police Department

A letter stating that the request appeal has been rejected.

Files

pages

Close