Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
Submitted | June 18, 2020 |
Est. Completion | Nov. 20, 2020 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All materials and records describing and sufficient to show/disclose all allegations of misconduct made and all disciplinary proceedings taken against any officer, employee, or representative of this policing agency.
As described in the New York Freedom of Information Law, a record is "any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes." Records kept in a digital or electronic form are also records, would be responsive to this request, and should be provided.
These records are typically required to be retained under the New York State Records Retention and Disposition Schedule MU-1 (http://www.archives.nysed.gov/records/retention_mu-1), including, but not limited to, item no. 365, which includes: "Investigative records and disciplinary proceedings, including but not limited to statement of charge, transcript of hearing, notice of decision, letter of termination or resignation, letter of reinstatement, record of appeal procedure, and correspondence." While materials under that schedule have a set retention of 3 years after the final decision rendered, this request and materials responsive to it include *all* records held in the possession of any office or individual employed or formerly employed by this policing agency, including those kept off-site, in digital form, and in personnel files.
Please note that any failure to provide all potentially-responsive materials and/or the destruction of materials potentially responsive to this request would be a violation of the spirit of the New York Freedom of Information Law, as well as unlawful under the New York FOIL and the terms of the attached litigation hold notice.
Materials responsive to this request include — but are not limited to — all complaints, reports, records of discipline and penalties, aggregate collections of complaint and disciplinary materials (spreadsheets, databases), investigatory materials, relevant related correspondence, photographs, video, other related evidence, proof of discipline or fulfillment of penalties, and all personnel materials (including those used in promotion, contract, and other employment negotiations and considerations) that reference or utilize misconduct allegations or disciplinary materials of any sort.
Materials responsive to this request include all complaints— internal, external, and civilian — and include records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident/complaint: date, time, location, nature of the incident, description of the incident, nature of the investigation, investigatory materials, the disposition of the case, and any subsequent materials related to the execution of any resultant discipline. Responsive materials include all complaints and allegations against any officer, employee, or representative of this policing agency, regardless of whether that complaint or allegation resulted in any investigation or disciplinary action.
Responsive materials also include all records of use of force by officers, including records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident: date, time, location, nature of the incident, description of the incident, nature of the use of force, subsequent investigatory materials related to the use of force, the disposition of any investigation into the incident, and any subsequent materials related to the use of force.
Please provide materials on a rolling basis, beginning with materials created during the following timeframes:
• January 1, 2010 - June 15, 2020
• January 1, 2000 - January 1, 2010
• January 1, 1990 - January 1, 2000
• January 1, 1980 - January 1, 1990
• January 1, 1970 - January 1, 1980
Pursuant to NYCRR Section 1401.5(c)(1), should any of this request be unclear or lack sufficient description for your office, please provide direction that would enable this requester to request records reasonably described. Please also note that the New York FOIL states: "An agency shall not deny a request on the basis that the request is voluminous or that locating or reviewing the requested records or providing the requested copies is burdensome because the agency lacks sufficient staffing or on any other basis if the agency may engage an outside professional service to provide copying, programming or other services required to provide the copy...." Please also see FOIL AO 19671, an Advisory Opinion from the Committee on Open Government [https://docs.dos.ny.gov/coog/ftext/f19671.htm].
If your office has questions about this request or would like to discuss it for any reason, please contact this requester via the contact email address provided and feel free to follow up by phone: 617-299-1832. This request is being submitted to each policing agency in New York as part of a collaborative project led by MuckRock and involving multiple other educational and journalistic partners and participants. For this reason, over the lifetime of this request, your agency may interface with individuals not listed on this initial communication.
This request is being made in the public interest by a news organization as part of non-profit (not commercial) journalistic work and research on behalf of the public. 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 and as part of the necessary negotiations for successful processing. As far as it is possible, please fulfill elements of this request 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,
Beryl Lipton
From: Oneida City Police Department
Good Morning: Please accept this email as receipt of your NYS Freedom of
Information Law Request sent to the Oneida City Police Department, Police
Chief Paul Thompson, dated June 18, 2020 requesting Police Department
misconduct allegations and disciplinary proceedings. Thank you.
*´¨)
¸. ´¸.*´¨) ¸.*¨)
(¸.´ (¸.' Have a great day!
Susan Pulverenti
City Clerk
Records Access Officer
109 N. Main St.
Oneida NY 13421
315-363-4800 Ext. 129
315-363-9558 Fax
www.oneidacity.com <http://www.oneidacity.com>
spulverenti@oneidacity.com <mailto:spulverenti@oneidacity.com>
<https://www.facebook.com/oneidacityclerk>
<https://twitter.com/oneidacity>
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a43019a&id=45f9020af9>
CONFIDENTIALITY NOTICE: This e-mail, and any attachment to it, is intended
only for the use of the individual or entity to which it is addressed and
may contain information that is privileged, confidential or exempt from
disclosure pursuant to applicable federal, state or local law. You are
hereby notified that any dissemination, distribution or copying of this
communication, except in accordance with its intended purpose, is strictly
prohibited. If you have received this e-mail in error, please immediately
return it to the sender and delete it from your system. Thank you.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good afternoon: We are continuing to evaluate and review the records, and I will advise sometime in the near future when we expect to have a response. Thank you.
Susan Pulverenti
City Clerk
Records Access Officer
City of Oneida
109 N. Main St.
Oneida NY 13421
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good morning: We are continuing to evaluate and review the records, and I will advise sometime in the near future when we expect to have a response. Thank you.
Susan Pulverenti
City Clerk/Records Access Officer
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good morning: We are continuing to evaluate and review the records, and I will advise sometime in the near future when we expect to have a response. Thank you.
Susan Pulverenti
City Clerk/Records Access Officer
City of Oneida
109 N. Main St.
Oneida NY 13421
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good morning: We are continuing to evaluate and review the records, and I will advise sometime in the near future when we expect to have a response. Thank you.
Susan Pulverenti
City Clerk
Records Access Officer
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good morning: We are continuing to evaluate and review the records, and I will advise sometime in the near future when we expect to have a response. Thank you.
Susan Pulverenti, Records Access Officer
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good evening: We are continuing to evaluate and review the records, and I will advise sometime in the near future when we expect to have a response. Thank you.
Susan Pulverenti, City Clerk - Records Access Officer
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good morning: We are continuing to evaluate and review the records, and I will advise sometime in the near future when we expect to have a response. Thank you.
Susan Pulverenti
City Clerk
Records Access Officer
From: Oneida City Police Department
Good Morning: I expect that we will have a more detailed response by October 30. Thank you.
Susan Pulverenti
City Clerk
Records Access Officer
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 18, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good Morning: I expect that we will have a detailed response by November 13, 2020. Thank you.
Susan Pulverenti
City Clerk/Records Access Officer
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 18, 2020. You had previously indicated that it would be completed on Nov. 13, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good morning: We will produce the response by November 20, 2020. Thank you.
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 18, 2020. You had previously indicated that it would be completed on Nov. 20, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Oneida City Police Department
Good Morning: On November 19, 2020, a letter was mailed to MuckRock News in Somerville MA notifying you of 15 pages of responsive records, none of which are maintained in electronic format. The letter also stated that payment in the amount of $3.75 is required before the records can be released. Please remit payment payable to the City Clerk, 109 N. Main St. Oneida NY 13421 and we will provide the responsive records. Thank you.
Susan Pulverenti
City Clerk / Records Access Officer
From: Beryl Lipton
To Whom It May Concern:
Please find enclosed a check for $3.75 to satisfy the fee associated with the attached public records request.
Thank you.
Oneida City Clerk
FOIL Office
109 North Main Street
Oneida, NY 13421
From: Beryl Lipton
Hello Ms. Pulverenti,
A check was sent for this request in January. Could you please confirm that your office has received it?
Thanks very much for your time and help.
Best wishes,
Beryl
From: Oneida City Police Department
Good morning: Yes, the City received the check and the documents were mailed to you.
Susan Pulverenti
City Clerk
Records Access Officer
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