Personnel and disciplinary record, subject: Officer Martin J. Golden (ret.)

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

2020-056-08605

Est. Completion Oct. 29, 2020
Status
No Responsive Documents

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 complete personnel record of retired Police Officer Martin J. Golden and all disciplinary records that identify Golden as a subject. For specificity and to rule out duplicates, the subject Martin J. Golden's birthdate was September 22, 1950.

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of the State of New York, the law that prevented disclosure of this material (Civil Rights Law Section 50-a) has been repealed and all such records are now covered by the Freedom of Information Law.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: Martin Golden is a well known public figure who served as New York City Council Member and New York State Senator. In 2002, Golden disclosed that he had been the target of an Internal Affairs investigation for loss of his service weapon. Please see attachment, a NY Daily News article, for proof.

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

  • EX-COP20GOLDEN20TO20REVEAL20PAST20-20New20York20Daily20News.pdf

From: New York City Police Department

Your request FOIL-2020-056-08605 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.

Request Type: Other Request


Attached File: EX-COP20GOLDEN20TO20REVEAL20PAST20-20New20York20Daily20News.pdf: EX-COP20GOLDEN20TO20REVEAL20PAST20-20New20York20Daily20News.pdf (https://a860-openrecords.nyc.gov/response/1067181)


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:
Not provided

You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08605. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08605)

From: New York City Police Department

The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2020-056-08605. 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-2020-056-08605 to view additional information and take any necessary action.

From: New York City Police Department

The New York City Police Department (NYPD) has closed your FOIL request FOIL-2020-056-08605 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08605)
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-2020-056-08605%20-%20Appeal)

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  • 06/12/2020

    EX-COP20GOLDEN20TO20REVEAL20PAST20-20New20York20Daily20News.pdf