|Submitted||Nov. 4, 2013|
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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:
Copies of all firearms discharge/assault reports (FDAR, form PD424-151) completed from 2010 to the present.
These forms are completed in accordance with procedure 212-29 (p. 70): http://ksapublications.info/app/pg/PG212.pdf
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.
An acknowledgement letter, stating the request is being processed.
The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.
Records Access Appeals Officer
New York City Police Department
One Police Plaza-Room1406
New York, NY 10038-1497
December 2, 2013
This is an appeal of the denial of records in FOIL 2013-PL-8187.
Respectfully, the denial of this request is particularly absurd. NYPD lost a case in February 2011 for precisely these documents (see case documents for NYCLU v. NYPD at the following URL: http://www.nyclu.org/files/releases/NYCLU%20v%20%20NYPD%20Shooting%20FOIL%20decision%202-14-11.pdf).
In that case, NYPD attempted to argue that these same documents were exempt from disclosure for precisely the same reasons as Lt. Mantellino attempts to invoke in the present case. The Supreme Court of the State of New York staunchly rejected each of these exemptions, and it is ridiculous that your department should attempt to invoke them again, particularly in the identical blanket manner. To quote from the Supreme Court's February 2011 decision: "In conclusion, with proper redaction [... ,] the firearms discharge incident reports are clearly subject to FOIL disclosure."
Kindly inform your FOIL unit of the clear precedent in this manner, and release the requested documents as soon as possible.
A letter stating that the request appeal has been rejected.