Personnel and disciplinary file, the late former Deputy Commissioner Frederick J. Patrick

T. McElwee filed this request with the New York City Police Department of New York City, NY.
Tracking #

2021-056-08266

Status
Rejected

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 personnel and disciplinary records of Frederick J. Patrick, former NYPD Deputy Commissioner Community Affairs, including (not exclusively) any record concerning the investigation of his conduct as part of New York City Correction Foundation, Inc. which was publicized in 2003.

These records should be released in the public interest recognized under FOIL, as Patrick gained public notoriety for the brazen abuse of multiple positions of public trust for which he was convicted. Further, Patrick is known to be deceased in 2019 (please see attached PDF), and privacy interests preventing release are now greatly diminished.

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

  • Fred20Patrick20Obituary20201920-20New20York2C20NY20-20New20York20Times.pdf

From: New York City Police Department

Your request FOIL-2021-056-08266 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.

Request Title: Personnel and disciplinary file, the late former Deputy Commissioner Frederick J. Patrick

Request Description: Other Request

Request Type: Other Request

Other Request
Type of Request:
Report #:
Date:
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Precinct:
Location:
Description:

To Whom It May Concern:

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

All personnel and disciplinary records of Frederick J. Patrick, former NYPD Deputy Commissioner Community Affairs, including (not exclusively) any record concerning the investigation of his conduct as part of New York City Correction Foundation, Inc. which was publicized in 2003.

These records should be released in the public interest recognized under FOIL, as Patrick gained public notoriety for the brazen abuse of multiple positions of public trust for which he was convicted. Further, Patrick is known to be deceased in 2019 (please see attached PDF), and privacy interests preventing release are now greatly diminished.

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

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/LXHXZZTVENTLKU/97040/Fred20Patrick20Obituary20201920-20New20York2C20NY20-20New20York20Times.pdf
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

Attached File: Fred20Patrick20Obituary20201920-20New20York2C20NY20-20New20York20Times_2.pdf: Fred20Patrick20Obituary20201920-20New20York2C20NY20-20New20York20Times_2.pdf (https://a860-openrecords.nyc.gov/response/1604946)


Requester's Contact Information



Name:
T. Mcelwee

Title:
Not provided

Organization:
Not provided

Email:
requests@muckrock.com (mailto:requests@muckrock.com)

Phone Number:
Not provided

Fax Number:
Not provided

Street Address (line 1):
Not provided

Street Address (line 2):
Not provided

City:
Not provided

State:
Not provided

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-2021-056-08266. (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-08266)

From: New York City Police Department

The New York City Police Department (NYPD) has denied your FOIL request FOIL-2021-056-08266 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-08266)
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.
Please visit FOIL-2021-056-08266 to view additional information and take any necessary action. 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: (https://a860-openrecords.nyc.gov/request/view/FOIL-2021-056-08266) foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2021-056-08266%20-%20Appeal)

From: T. McElwee

To whom it may concern:

I hereby APPEAL the Records Access Officer's decision in the matter of FOIL # 2021-056-08266, in full. The stated grounds for the rejection of this FOIL are that it "would constitute an unwarranted invasion of personal privacy."

These grounds are simply invalid, for the simple reason that the subject Deputy Commissioner Frederick J. Patrick is deceased. Privacy interests covered by the cited section of law (Public Officers Law Section 87(2)(b)) are generally accepted to be diminished post-mortem.

Further, the subject was known to have embezzled a large sum (over $100,000) from the bank account of a Department of Correction-related charity.

My prayer for relief to the Appeals Officer is the remand of this request to the Records Access Officer with instruction to make the necessary arrangements to locate and provide the records requested.

Sincerely,
T. McElwee

From: New York City Police Department

Appeal determination attached.

Respectfully,
[Signature New]
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