Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
| Submitted | June 18, 2020 |
| Est. Completion | Aug. 10, 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: 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:
We have no record of having received your purported previous request.
This is the initial response to your attached FOIL request. Your request to inspect/copy records of the Village of Rockville Centre has been received.
I will advise you within twenty (20) business days whether or not your request will be granted or denied, or what reasonable period will be needed to respond to your request, in accordance with the Public Officers Law. There is a statutory copying charge of $.25 per page for pages up to 9 by 14 inches, and actual costs for larger documents, for the requested documentation, payable in advance. I will notify you of the amount due upon determination that the records are available.
Delays in response are possible. In light of the ongoing response to the COVID-19 pandemic, and ensuing closure of Village offices and reductions in available staff, there may be delays in response to FOIL requests. Thank you for your patience during this extraordinary time.
Your responses to the 2020 Census questionnaire are necessary so that local governments obtain additional federal funds for schools, roads and public services. PLEASE RESPOND TO THE CENSUS. https://my2020census.gov
A. Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
990 Stewart Avenue, Suite 300
PO Box 9194
Garden City, New York 11530-9194
atlevin@msek.com<mailto:atlevin@msek.com>
atlevin@rvcny.us<mailto:atlevin@rvcny.us>
http://www.msek.com/profiles/municipal-law-land-use-attorneys/a-thomas-levin.php
Assistant - Barbara Delbango-Post
bdelbangopost@msek.com<mailto:bdelbangopost@msek.com>
Disclaimer
Unless the above communication expressly provides that the statements contained therein are intended to constitute written tax advice within the meaning of IRS Circular 230
Section 10.37,the sender intends by this message to communicate general information for discussion purposes only, and you should not, therefore, interpret the statements
to be written tax advice or to be sufficient to avoid tax-related penalties.
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The information transmitted by this electronic mail (and any attachments) is being sent by or on behalf of a lawyer; it is intended for the exclusive use of the addressee
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from your system.
Thank you.
From: Beryl Lipton
Hello Mr. Levin,
Thank you very much for your message. Please let me know if you require any clarification, and I'll look forward to hearing from you again.
All the best,
Beryl
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: Rockville Centre Village Police Department
Your FOIL request, which is very extensive, is under revie.
I will advise you within twenty (20) business days whether or not your request will be granted or denied, or what reasonable period will be needed to respond to your request, in accordance with the Public Officers Law. There is a statutory copying charge of $.25 per page for pages up to 9 by 14 inches, and actual costs for larger documents, for the requested documentation, payable in advance. I will notify you of the amount due upon determination that the records are available.
Delays in response are possible. In light of the ongoing response to the COVID-19 pandemic, there may be delays in response to FOIL requests. Thank you for your patience during this extraordinary time.
A. Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
990 Stewart Avenue, Suite 300
PO Box 9194
Garden City, New York 11530-9194
atlevin@msek.com<mailto:atlevin@msek.com>
atlevin@rvcny.us<mailto:atlevin@rvcny.us>
http://www.msek.com/profiles/municipal-law-land-use-attorneys/a-thomas-levin.php
Assistant - Barbara Delbango-Post
bdelbangopost@msek.com<mailto:bdelbangopost@msek.com>
From: Muckrock Staff
Hello Mr. Levin,
Thank you so much for your message. I understand that resources, including time, may be scarce at the moment, and I would be happy to discuss the materials and necessary search with your team or address any questions you may have. Please let me know. I'll look forward to hearing from you again, and I wish you the best until then.
Warmly,
Beryl
From: Rockville Centre Village Police Department
Due to the scope of your FOIL request, additional time is required to locate, review and copy the requested records. Accordingly, the Village will further respond to your request within twenty (20) business days from today, and advise you whether or not your request will be granted or denied, or what reasonable period will be needed to respond to your request, in accordance with the Freedom of Information Law.
Please note that there is a statutory copying charge of $.25 per page for pages up to 9 by 14 inches, and actual costs for larger documents, for the requested documentation, payable in advance. In addition, if applicable pursuant to the Freedom of Information Law, there may be charges for extensive time required to locate and identify the requsted records. If either of these circumstances is applicable, I will notify you of the amount due upon determination that the records are available.
Delays in response are possible. In light of the ongoing response to the COVID-19 pandemic, there may be delays in response to FOIL requests. Thank you for your patience during this extraordinary time.
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>
Maintain distances – wear your mask – keep yourself and others safe
A. Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
990 Stewart Avenue, Suite 300
PO Box 9194
Garden City, New York 11530-9194
atlevin@msek.com<mailto:atlevin@msek.com>
atlevin@rvcny.us<mailto:atlevin@rvcny.us>
http://www.msek.com/profiles/municipal-law-land-use-attorneys/a-thomas-levin.php
Assistant - Barbara Delbango-Post
bdelbangopost@msek.com<mailto:bdelbangopost@msek.com>
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 Aug. 10, 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: Rockville Centre Village Police Department
Please see the attached email, which was sent on July 23, 2020.
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>
Maintain distances – Wear your mask Keep yourself and others safe!!
A.Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
PO Box 950
One College Place
Rockville Centre, NY 115710950
atlevin@rvcny.us<mailto:atlevin@rvcny.us>
atlevin@msek.com<mailto:atlevin@msek.com>
If you receive an email which seems to be from me, directing you to wire or transfer funds for any reason, do not do so without first calling me to confirm the direction.
-
RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
From: Rockville Centre Village Police Department
Search and review of documents responsive to your request is continuing. The Village is unable to respond to your request at this time, but anticipates that a further response will be forthcoming within twenty (20) business days. Within that period of time, the Village anticipates being able to advise you whether your request will be granted, in whole or in part, or denied. .
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>
Maintain distances – Wear your mask Keep yourself and others safe!!
A.Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
PO Box 950
One College Place
Rockville Centre, NY 115710950
atlevin@rvcny.us<mailto:atlevin@rvcny.us>
atlevin@msek.com<mailto:atlevin@msek.com>
If you receive an email which seems to be from me, directing you to wire or transfer funds for any reason, do not do so without first calling me to confirm the direction.
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 Aug. 10, 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: Rockville Centre Village Police Department
On July 23, 2020 you were advised that a response was anticipated within twenty (20) business days, which period would have expired on August 20, 2020, not August 10,2020.
Please see the attached additional email advice which was sent to you on August 17, 2020.
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>
Maintain distances – Wear your mask Keep yourself and others safe!!
A.Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
PO Box 950
One College Place
Rockville Centre, NY 115710950
atlevin@rvcny.us<mailto:atlevin@rvcny.us>
atlevin@msek.com<mailto:atlevin@msek.com>
If you receive an email which seems to be from me, directing you to wire or transfer funds for any reason, do not do so without first calling me to confirm the direction.
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, September 1, 2020 1:02 AM
To: A. Thomas Levin <ATLevin@msek.com>
Cc: 'kschaefer@rvcny.us' <kschaefer@rvcny.us>; 'Bonacasa, Laura' <lbonacasa@rvcny.us>; 'Altamore, Nancy' <naltamore@rvcny.us>; Barbara Delbango-Post <bdelbangopost@msek.com>; 'Vafeades, James' <jvafeades@rvcny.us>
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
[External Email]
________________________________
Rockville Centre Village Police Department
FOIL Office
P.O. Box 950
34 Maple Avenue
Rockville, NY 11571
September 1, 2020
This is a follow up to a previous request:
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 Aug. 10, 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.
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 96270
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On Aug. 17, 2020:
Subject: Further response - Rockville Centre - New York FOIL Request: Police department misconduct allegations and disciplinary proceedings
Search and review of documents responsive to your request is continuing. The Village is unable to respond to your request at this time, but anticipates that a further response will be forthcoming within twenty (20) business days. Within that period of time, the Village anticipates being able to advise you whether your request will be granted, in whole or in part, or denied. .
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html><https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>>
Maintain distances – Wear your mask Keep yourself and others safe!!
A.Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
PO Box 950
One College Place
Rockville Centre, NY 115710950
atlevin@rvcny.us<mailto:atlevin@rvcny.us<mailto:atlevin@rvcny.us%3cmailto:atlevin@rvcny.us>>
atlevin@msek.com<mailto:atlevin@msek.com<mailto:atlevin@msek.com%3cmailto:atlevin@msek.com>>
If you receive an email which seems to be from me, directing you to wire or transfer funds for any reason, do not do so without first calling me to confirm the direction.
---
On Aug. 10, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Please see the attached email, which was sent on July 23, 2020.
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html><https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>>
Maintain distances – Wear your mask Keep yourself and others safe!!
A.Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
PO Box 950
One College Place
Rockville Centre, NY 115710950
atlevin@rvcny.us<mailto:atlevin@rvcny.us<mailto:atlevin@rvcny.us%3cmailto:atlevin@rvcny.us>>
atlevin@msek.com<mailto:atlevin@msek.com<mailto:atlevin@msek.com%3cmailto:atlevin@msek.com>>
If you receive an email which seems to be from me, directing you to wire or transfer funds for any reason, do not do so without first calling me to confirm the direction.
---
On July 23, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Due to the scope of your FOIL request, additional time is required to locate, review and copy the requested records. Accordingly, the Village will further respond to your request within twenty (20) business days from today, and advise you whether or not your request will be granted or denied, or what reasonable period will be needed to respond to your request, in accordance with the Freedom of Information Law.
Please note that there is a statutory copying charge of $.25 per page for pages up to 9 by 14 inches, and actual costs for larger documents, for the requested documentation, payable in advance. In addition, if applicable pursuant to the Freedom of Information Law, there may be charges for extensive time required to locate and identify the requsted records. If either of these circumstances is applicable, I will notify you of the amount due upon determination that the records are available.
Delays in response are possible. In light of the ongoing response to the COVID-19 pandemic, there may be delays in response to FOIL requests. Thank you for your patience during this extraordinary time.
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html><https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>>
Maintain distances – wear your mask – keep yourself and others safe
A. Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
990 Stewart Avenue, Suite 300
PO Box 9194
Garden City, New York 11530-9194
atlevin@msek.com<mailto:atlevin@msek.com<mailto:atlevin@msek.com%3cmailto:atlevin@msek.com>>
atlevin@rvcny.us<mailto:atlevin@rvcny.us<mailto:atlevin@rvcny.us%3cmailto:atlevin@rvcny.us>>
http://www.msek.com/profiles/municipal-law-land-use-attorneys/a-thomas-levin.php<http://www.msek.com/profiles/municipal-law-land-use-attorneys/a-thomas-levin.php>
Assistant - Barbara Delbango-Post
bdelbangopost@msek.com<mailto:bdelbangopost@msek.com<mailto:bdelbangopost@msek.com%3cmailto:bdelbangopost@msek.com>>
---
On July 16, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Hello Mr. Levin,
Thank you so much for your message. I understand that resources, including time, may be scarce at the moment, and I would be happy to discuss the materials and necessary search with your team or address any questions you may have. Please let me know. I'll look forward to hearing from you again, and I wish you the best until then.
Warmly,
Beryl
---
On July 15, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Your FOIL request, which is very extensive, is under revie.
I will advise you within twenty (20) business days whether or not your request will be granted or denied, or what reasonable period will be needed to respond to your request, in accordance with the Public Officers Law. There is a statutory copying charge of $.25 per page for pages up to 9 by 14 inches, and actual costs for larger documents, for the requested documentation, payable in advance. I will notify you of the amount due upon determination that the records are available.
Delays in response are possible. In light of the ongoing response to the COVID-19 pandemic, there may be delays in response to FOIL requests. Thank you for your patience during this extraordinary time.
A. Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
990 Stewart Avenue, Suite 300
PO Box 9194
Garden City, New York 11530-9194
atlevin@msek.com<mailto:atlevin@msek.com<mailto:atlevin@msek.com%3cmailto:atlevin@msek.com>>
atlevin@rvcny.us<mailto:atlevin@rvcny.us<mailto:atlevin@rvcny.us%3cmailto:atlevin@rvcny.us>>
http://www.msek.com/profiles/municipal-law-land-use-attorneys/a-thomas-levin.php<http://www.msek.com/profiles/municipal-law-land-use-attorneys/a-thomas-levin.php>
Assistant - Barbara Delbango-Post
bdelbangopost@msek.com<mailto:bdelbangopost@msek.com<mailto:bdelbangopost@msek.com%3cmailto:bdelbangopost@msek.com>>
---
On June 18, 2020:
Subject: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
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<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<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
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 96270
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Disclaimer
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Section 10.37,the sender intends by this message to communicate general information for discussion purposes only, and you should not, therefore, interpret the statements
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Thank you.
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Further response - Rockville Centre - New York FOIL Request: Police department misconduct allegations and disciplinary proceedings
From: Rockville Centre Village Police Department
The Village estimates that approximately ten (10) hours of time will be required to retrieve and prepare any records which may be in the Village’s custody or control, and which are responsive to your request.
Pursuant to Public Officers Law §§89(3)(a) and 87(c)(1), the Village is permitted to require payment of the costs of such services, calculated based upon an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare a copy of the requested record. The Village has determined that such hourly salary in this case is $24.466.
Accordingly, please remit payment in the amount of $244.66, payable to “Village of Rockville Centre”, sent to Village Administrator, One College Place, PO Box 950, Rockville Centre, New York 11571-0950. Preparation of the available requested records will commence upon receipt of payment, and the available records will be provided to you within a reasonable time thereafter.
If payment is not received within thirty days of the date of this notice, your FOIL request will be deemed abandoned, and denied.
[NY State 2020 Census Logo]
It’s past April 1st, but the Census count is still going on.
Please respond: online, by phone or by mail.
https://2020census.gov/en/ways-to-respond.html<https://2020census.gov/en/ways-to-respond.html>
Maintain distances – Wear your mask Keep yourself and others safe!!
A.Thomas Levin
Village Attorney and Records Access Officer
Village of Rockville Centre
PO Box 950
One College Place
Rockville Centre, NY 115710950
atlevin@rvcny.us<mailto:atlevin@rvcny.us>
atlevin@msek.com<mailto:atlevin@msek.com>
If you receive an email which seems to be from me, directing you to wire or transfer funds for any reason, do not do so without first calling me to confirm the direction.
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