Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Rome Police Department of Rome, NY.

It is a clone of this request.

Status
Completed

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_-_Template20-202020-06-18T134553.858.pdf

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: Rome Police Department

Please direct your requests to https://romenewyork.com/city-clerk/foil/, as they are who handles FOIL requests.

From:

May 11, 2021

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141

RE: FOIL Request – 5/6/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Please be advised that your Freedom of Information request was received in our office on 5/6/21. We are currently in the process of seeking the information that you have requested. We will notify you, within twenty (20) business days from the date indicated above, when our review is complete. If we should find that more time is required, we will inform you.

Additionally, please be aware that a rate of twenty-five cents ($.25) per page will be charged for any request requiring photocopying, and/or the actual cost of reproducing the record(s), if necessary.

Please feel free to give me a call at (315) 339-7659 should you have any questions or concerns in this regard.

Sincerely,

Eric R. Seelig
Deputy City Clerk
City of Rome
198 N. Washington Street
Rome, New York 13440
Phone: 315.339.7659
Fax: 315.838.1160
www.romenewyork.com<http://www.romenewyork.com/>

[cid:image001.png@01D4D993.06FD4AF0]

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

From: Rome Police Department

June 23, 2021

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141

RE: FOIL Request – 5/6/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Pursuant to your Freedom of Information request received in our office on 5/6/21, please be advised that we are currently in the process of seeking the information that you have requested, and will require more time to fulfill your request. We have been notified by our Corporation Counsel that there is additional information being compiled that corresponds to your request. In light of the foregoing, it is anticipated that we will be able to provide you with the information requested by 7/23/21.

Further, please be aware that a rate of twenty-five cents ($.25) per page will be charged for any request requiring photocopying, and /or the actual cost of reproducing the record(s), if necessary.

Please feel free to contact our office at (315) 339-7659 with any questions or concerns you may have as to the status of your request.

Regards,

[cid:image001.jpg@01D76840.4D175790]

Eric R. Seelig
Deputy City Clerk
City of Rome, NY

P: 315.339.7659
F: 315.838.1160
E: eseelig@romecitygov.com<mailto:eseelig@romecitygov.com>
www.romenewyork.com<http://www.romenewyork.com/>

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

From: Rome Police Department

July 22, 2021

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141

RE: FOIL Request – 5/6/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Pursuant to your Freedom of Information request received in our office on 5/6/21, please be advised that we are currently in the process of seeking the information that you have requested, and will require more time to fulfill your request. We have been notified by our Corporation Counsel that there is additional information being compiled that corresponds to your request. In light of the foregoing, it is anticipated that we will be able to provide you with the information requested by 8/23/21.

Further, please be aware that a rate of twenty-five cents ($.25) per page will be charged for any request requiring photocopying, and /or the actual cost of reproducing the record(s), if necessary.

Please feel free to contact our office at (315) 339-7659 with any questions or concerns you may have as to the status of your request.

Regards,

[cid:image001.jpg@01D77F0E.DBE9EED0]

Eric R. Seelig
Deputy City Clerk
City of Rome, NY

P: 315.339.7659
F: 315.838.1160
E: eseelig@romecitygov.com<mailto:eseelig@romecitygov.com>
www.romenewyork.com<http://www.romenewyork.com/>

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

From: Rome Police Department

August 19, 2021

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141

RE: FOIL Request – 5/6/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Pursuant to your Freedom of Information request received in our office on 5/6/21, please be advised that we are currently in the process of seeking the information that you have requested, and will require more time to fulfill your request. We have been notified by our Corporation Counsel that there is additional information being compiled that corresponds to your request. In light of the foregoing, it is anticipated that we will be able to provide you with the information requested by 9/22/21.

Further, please be aware that a rate of twenty-five cents ($.25) per page will be charged for any request requiring photocopying, and /or the actual cost of reproducing the record(s), if necessary.

Please feel free to contact our office at (315) 339-7659 with any questions or concerns you may have as to the status of your request.

Regards,

[cid:image001.jpg@01D794EA.67B2D3F0]

Eric R. Seelig
Deputy City Clerk
City of Rome, NY

P: 315.339.7659
F: 315.838.1160
E: eseelig@romecitygov.com<mailto:eseelig@romecitygov.com>
www.romenewyork.com<http://www.romenewyork.com/>

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

From: Rome Police Department

September 23, 2021

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141

RE: FOIL Request – 5/6/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Pursuant to your Freedom of Information request received in our office on 5/6/21, please be advised that we are currently in the process of seeking the information that you have requested, and will require more time to fulfill your request. We have been notified by our Corporation Counsel that there is additional information being compiled that corresponds to your request. In light of the foregoing, it is anticipated that we will be able to provide you with the information requested by 10/22/21.

Further, please be aware that a rate of twenty-five cents ($.25) per page will be charged for any request requiring photocopying, and /or the actual cost of reproducing the record(s), if necessary.

Please feel free to contact our office at (315) 339-7659 with any questions or concerns you may have as to the status of your request.

Regards,

[cid:image001.jpg@01D7B06F.02768860]

Eric R. Seelig
Deputy City Clerk
City of Rome, NY

P: 315.339.7659
F: 315.838.1160
E: eseelig@romecitygov.com<mailto:eseelig@romecitygov.com>
www.romenewyork.com<http://www.romenewyork.com/>

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

From: Rome Police Department

October 22, 2021

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141

RE: FOIL Request – 5/6/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Pursuant to your Freedom of Information request received in our office on 5/6/21, please be advised that we are currently in the process of seeking the information that you have requested, and will require more time to fulfill your request. We have been notified by our Corporation Counsel that there is additional information being compiled that corresponds to your request. In light of the foregoing, it is anticipated that we will be able to provide you with the information requested by 11/22/21.

Further, please be aware that a rate of twenty-five cents ($.25) per page will be charged for any request requiring photocopying, and /or the actual cost of reproducing the record(s), if necessary.

Please feel free to contact our office at (315) 339-7659 with any questions or concerns you may have as to the status of your request.

Regards,

[cid:image002.jpg@01D7C75D.3006FFD0]

ERIC SEELIG
DEPUTY CITY CLERK
CITY OF ROME, N.Y.

P: 315.339.7659
F: 315.838.1160
E: ESEELIG@ROMECITYGOV.COM
WWW.ROMENEWYORK.COM

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

From: Rome Police Department

November 23, 2021

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141

RE: FOIL Request – 5/6/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Pursuant to your Freedom of Information request received in our office on 5/6/21, please be advised that a rate of twenty-five cents ($.25) per page @ 487 pages, totaling $121.75, must be made payable to Rome City Clerk before your requested records can be released.

Please feel free to contact our office if we may be of any further assistance.

Regards,

[cid:image001.jpg@01D7E07F.C137D890]

ERIC SEELIG
DEPUTY CITY CLERK
CITY OF ROME, N.Y.

P: 315.339.7659
F: 315.838.1160
E: ESEELIG@ROMECITYGOV.COM<mailto:ESEELIG@ROMECITYGOV.COM>
WWW.ROMENEWYORK.COM<http://WWW.ROMENEWYORK.COM>

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

From: Beryl Lipton

Hello, Mr. Seelig —

I apologize for not having provided payment at the time it was requested, and I hope you've been well since we last exchanged messages.

We are still very interested in these records, and I'm wondering whether you could please confirm that the fees associated with all of the responsive materials remains at $121.75.

Thank you very much for your time and help.

Best wishes,
Beryl

From: Rome Police Department

Mr. Lipton,

Yes, that is correct. As indicated on 11/23/21-- a rate of twenty-five cents ($.25) per page @ 487 pages, totaling $121.75, must be made payable to Rome City Clerk before your requested records can be released.
Regards,

[cid:image001.jpg@01D7CB47.B4BCFD40]

Eric Seelig
Deputy City Clerk
City of Rome, N.Y.

P: 315.339.7659
F: 315.838.1160
E: eseelig@romecitygov.com
www.romenewyork.com

From: Rome Police Department

I'm using Mimecast to share large files with you. Please see the attached instructions.

March 12, 2024

Beryl Lipton
Gannett New York
DEPT MR 96271
411A Highland Ave.
Somerville, MA 02141
RE:          FOIL Request – 3/29/21 – Law Enforcement Disciplinary Records

Dear Mr. Lipton:

Pursuant to your Freedom of Information Request received in this office on 3/29/21, attached please find copies of the records that you have requested.  Please note that due to file size limitations, this email is being sent using Mimecast, which will allow you to securely access the files electronically for ease of access.  The access to these files will expire after three (3) days, so please be sure to download them promptly.

Additionally, please note that your payment in the amount of $121.75 (twenty-five cents ($.25) per page at four hundred eighty-seven (487) pages, has been applied.

Sincerely,

Eric Seelig
City Clerk
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

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