Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Pleasantville Village Police Department of Pleasantville, NY.
Due July 3, 2020
Est. Completion July 24, 2020
Status
Awaiting Response

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

  • MuckRock_Litigation_Hold_-_Template20-202020-06-18T123021.321.pdf

From: Pleasantville Village Police Department

Dear Beryl Lipton,

The Village of Pleasantville is in receipt of your attached FOIL request dated 6-18-20.

The Village requires 20 business days to respond at this time.
Regards,

Noreen Regan
Noreen Regan
Administrative Aide
Village of Pleasantville
80 Wheeler Ave
Pleasantville NY 10570
914-769-1975
nregan@pleasantville-ny.gov

  • FW_ FOIL - Lipton Muckrock News Request Police Misconduct & Disciplinary Proceedings 1970 to 2020 Question to Keane & Beane

From: Beryl Lipton

Hello Ms. Regan,

Thank you so much for your message. I appreciate the heads up, and please let me know if there is any clarification I can provide.

All the best,
Beryl

From: Pleasantville Village Police Department

Dear Mr. Lipton,

This email is in response to your FOIL request dated 6/18/20.

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Village is unable to determine which records, if any, can be lawfully disclosed at this time.

We expect that the requested records will be available within twenty days of the Court’s disposition of the litigation. If the records become available sooner, you will be so advised.

If there is a cost associated with reproducing these records, the Village reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.
Regards,

Noreen Regan
Noreen Regan
Administrative Aide
Village of Pleasantville
80 Wheeler Ave
Pleasantville NY 10570
914-769-1975
nregan@pleasantville-ny.gov

From: Pleasantville Village Police Department

Please see attached. Thank you.

Eric Morrissey
Village Administrator
Village of Pleasantville, NY
80 Wheeler Avenue
Pleasantville, NY 10570
P: (914)-769-1940 | F: (914)-769-2127 | administrator@pleasantville-ny.gov<mailto:administrator@pleasantville-ny.gov>

From: Pleasantville Village Police Department

Hello,

Please see attached.

Thank you,
Eric

Eric Morrissey
Village Administrator
Village of Pleasantville, NY
80 Wheeler Avenue
Pleasantville, NY 10570
P: (914)-769-1940 | F: (914)-769-2127 | administrator@pleasantville-ny.gov<mailto:administrator@pleasantville-ny.gov>

From: Pleasantville Village Police Department

Hello – The attached letter was emailed to you on August 31, 2020.

Eric Morrissey
Village Administrator
Village of Pleasantville, NY
80 Wheeler Avenue
Pleasantville, NY 10570
P: (914)-769-1940 | F: (914)-769-2127 | administrator@pleasantville-ny.gov<mailto:administrator@pleasantville-ny.gov>

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