Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
Submitted | June 18, 2020 |
Due | June 25, 2020 |
Est. Completion | June 1, 2021 |
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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:
Good Morning,
We have received your FOIL Request. The estimated completion date is July 17th, although due to the extent the search requested and the reduced staff/limited hours that offices are currently working it may take longer. If that is the case we will contact you with a new estimated date of completion.
The Town Clerk if the FOIL Officer not the Police Department so please let us know if you have any questions.
Thank you,
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
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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 previously indicated that it would be completed on July 17, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate.
Thanks for your help, and let me know if further clarification is needed.
From: Rosendale Town Police Department
We recieved this FOIL request, due to the material being requested we will notify you when it is ready.
Thank you
Sent from my Verizon, Samsung Galaxy smartphone
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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 July 17, 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: Rosendale Town Police Department
Due to the extensive data requested there is a 60 day extension on your FOIL Request. We will contact you as soon as it is complete.
Thank you,
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
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 July 17, 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: Rosendale Town Police Department
Please see correspondence below regarding your FOIL Request.
Thank you!
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
From: townclerk@townofrosendale.com [mailto:townclerk@townofrosendale.com]
Sent: Friday, July 17, 2020 10:10 AM
To: 'requests@muckrock.com' <requests@muckrock.com>
Cc: 'sschaffrick@rosendalepd.org' <sschaffrick@rosendalepd.org>
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Due to the extensive data requested there is a 60 day extension on your FOIL Request. We will contact you as soon as it is complete.
Thank you,
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
From: Beryl Lipton
Hello Ms. Donald,
Thank you so much for your message. Please do reach out if you have any questions for me or would like any clarification, and I'll look forward to hearing from you again in September.
All the best,
Beryl
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 Sept. 17, 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: Rosendale Town Police Department
Thank you for reaching out to use. Please understand due to COVID 19 we are limited staff and we currently only have 1 part time employee working on this request. Due to these circumstances we are giving this a 6 month extension time to move forward.
Thank you.
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
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 Sept. 17, 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: Rosendale Town Police Department
This request is being processed, but a 6 month extension is needed due to the documents requested.
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
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 Sept. 17, 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: Rosendale Town Police Department
I have replied to this agency several times. This FOIL has been extended to 6 months. The detail being asked is heavy and we have one person working on it due to COVID-19.
Thank you.
Mandy
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
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 Sept. 17, 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: Rosendale Town Police Department
This is my 3rd response to you guys. Please stop sending these as I said it would be an additional 6 months before we will have this information due to COVID-19.
Mandy Donald
Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
Alexis Perusse
Deputy Town Clerk
Town of Rosendale
<http://townofrosendale.com/> www.townofrosendale.com
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the message.
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From: Beryl Lipton
Hello Ms. Donald,
This is a note of thanks for all the work you've done on this request. I'll look forward to hearing from your office in a few months.
Best wishes,
Beryl
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