Personnel and disciplinary record, subject: Officer Joseph Guagliardo (ret.)
| Tracking # |
2020-056-08602 |
| Submitted | June 12, 2020 |
| Est. Completion | Oct. 29, 2020 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The personnel record of retired Police Officer Joseph Guagliardo and all disciplinary records that identify Guagliardo as a subject. On LinkedIn, Guagliardo lists his dates of service as 1982-1989. He is known to use the nickname "Joe Gags" and to use the alternate spelling of his surname, "Gagliardo."
Divisions that may hold responsive records include Internal Affairs and Employment Management; however, any record used to evaluate performance toward the subject's continued employment or promotion should be considered responsive.
It is the requesting party's understanding that pursuant to legislation signed by the Governor of the State of New York, the section of law that prevented disclosure of this material (Civil Rights Law Section 50-a) has been repealed and all such records are now covered by the Freedom of Information Law.
In accordance with the Freedom of Information Law as it has been amended by aforementioned legislation, 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 the standard set by multiple court rulings, Freedom of Information Law uses a "balancing test" method of weighing privacy interests favoring redaction/denial vs. the public interest in disclosure. This matter is of clear public interest for the following reasons: Guagliardo is a public figure, serving as "chairman and CEO of the Conference of Presidents of Major Italian American Organizations" who has publicly demanded veneration of idols to Christopher Columbus (see Politico, "As de Blasio mulls Columbus statue removal, Italian Americans lodge protest"). He served on the board of Municipal Credit Union, and he has pleaded guilty to embezzlement for almost a decade; he has also admitted to providing illegal narcotics as bribes to further the embezzlement scheme. Guagliardo has cited his experience in the NYPD as a sentencing factor; his performance of duties as a police officer is a matter being considered by the court.
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
From: New York City Police Department
Your request FOIL-2020-056-08602 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.
Request Type: Other Request
Requester's Contact Information
Name:
T. Mcelwee
Title:
Not provided
Organization:
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Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
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Fax Number:
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Street Address (line 1):
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Street Address (line 2):
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City:
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State:
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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-2020-056-08602. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08602)
From: New York City Police Department
The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2020-056-08602. You can expect a response on or about Thursday, October 29, 2020.
Additional Information:
Your request has been assigned to Detective Halk (646-610-6449). Note: Due to issues caused by the COVID-19 pandemic there may be extensive delays, lasting up to one year, in determining your request.
Please visit FOIL-2020-056-08602 to view additional information and take any necessary action.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You previously indicated that it would be completed on Oct. 29, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-08602.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You previously indicated that it would be completed on Oct. 29, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-08602.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on Oct. 29, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08602.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on Oct. 29, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08602.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on Oct. 29, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08602.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on Oct. 29, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08602.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2020. You had previously indicated that it would be completed on Oct. 29, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08602.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
The New York City Police Department (NYPD) has closed your FOIL request FOIL-2020-056-08602 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08602)
The Freedom of Information Law allows access to existing documents and does not necessitate the creation of a document. I am unable to provide access to these documents on the basis that your request does not reasonably describe a record in a manner that would enable a search to be conducted by the New York City Police Department. A diligent search for records responsive to your request did not locate any such records. Accordingly, your request is denied.
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-2020-056-08602%20-%20Appeal)
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