Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Scarsdale Village Police Department of Scarsdale, NY.
Due April 7, 2021
Est. Completion March 1, 2022
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_-_Template20-202020-06-18T140308.174.pdf

From: Scarsdale Village Police Department

The Police Department mailbox is not monitored 24 hours 7 days a week. If you have a police emergency dial 911. If you have a non-emergency please call the Scarsdale Police Desk at 914-722-1200 for assistance. IF YOU WOULD LIKE TO REPORT A POLICE INCIDENT OR FILE A POLICE REPORT YOU MUST CALL THE SCARSDALE POLICE DESK AT 914-722-1200 TO DO SO.

From: Scarsdale Village Police Department

To Whom It May Concern:

Please submit your request though the Village of Scarsdale’s Village Clerk.

Thank you,

Det. Lieutenant B. Kellaher #201
Scarsdale Police Department
50 Tompkins Road
Scarsdale, NY 10583
Tel: 914-722-1200
Fax: 914-722-1214
Internet Email Confidentiality Statement -- Information contained in this e-mail message is intended only for the use of the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please kindly destroy it and notify the sender immediately by reply e-mail. Thank you for your cooperation.

From: Scarsdale Village Police Department

Dear Ms. Lipton,

Please be advised that I am in receipt of the FOIL request you have submitted in your email below and have forwarded same to the appropriate department. I will advise you of the status of your request when I receive a response.

Thank you.

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

From: Scarsdale Village Police Department

Dear Ms. Lipton,

I have received an update in regard to your FOIL request submitted in your email below and have been advised that it is estimated that the requested records will be available within nine (9) months. If the records become available sooner, you will be so advised.

Thank you,

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

[cid:image001.png@01D6537A.7C11B8A0]

From: Scarsdale Village Police Department

Dear Ms. Lipton,

Please see response sent to you in the email below on July 10, 2020; at that time I advised you that it is estimated that the requested records will be available within nine (9) months. If the records become available sooner, you will be so advised. At this time, that time frame for a response to your request remains the same.

Thank you,

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 and July 28, 2020, advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, and August 12, 2020 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020 and August 28, 2020, advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.
Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914)722-1175
[cid:image001.png@01D66F04.16D2E2C0]

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, and September 22, 2020, advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

From: Scarsdale Village Police Department

November 6, 2020

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, and October 22, 2020, advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175
---

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914)722-1175
[cid:image001.png@01D66F04.16D2E2C0]

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, and November 6, 2020 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
FOIL OFFICER
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175
---

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, and November 6, 2020, and November 24, 2020 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.
Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, November 6, 2020, November 24, 2020, and December 9, 2020 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175
---

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, November 6, 2020, November 24, 2020, December 9, 2020, and December 24, 2020, advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914) 722-1175

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, November 6, 2020, November 24, 2020, December 9, 2020, December 24, 2020, and January 8, 2021 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.
Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914)722-1175
[cid:image001.png@01D66F04.16D2E2C0]

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, November 6, 2020, November 24, 2020, December 9, 2020, December 24, 2020, January 8, 2021, and January 25, 2021 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914)722-1175

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914)722-1175
[cid:image001.png@01D66F04.16D2E2C0]

From: Scarsdale Village Police Department

To Whom it May Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, November 6, 2020, November 24, 2020, December 9, 2020, December 24, 2020, January 8, 2021, January 25, 2021, and February 9, 2021 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914)722-1175

From: Beryl Lipton

Hello Ms. Conkling,

Thanks so much for your time and work on this request. I appreciate it, and I'll look forward to hearing from you again in a few weeks.

Best wishes,
Beryl

From: Scarsdale Village Police Department

To Whom it may Concern:

Please refer to my prior responses below, dated July 10, 2020 , July 28, 2020, August 12, 2020, August 28, 2020, September 22, 2020, October 22, 2020, November 6, 2020, November 24, 2020, December 9, 2020, December 24, 2020, January 8, 2021, January 25, 2021, February 9, 2021, and March 3, 2021 advising that the response to your FOIL application will be provided within nine (9) months of your request date of June 18, 2020.

Donna M. Conkling
Village/Town Clerk
Village/Town of Scarsdale
1001 Post Road
Scarsdale, New York 10583
(914)722-1175
[cid:image001.png@01D72549.725EE160]

From: Beryl Lipton

Hello, Ms. Conkling —

I hope this message finds you very well. I'm writing to inquire as to whether you've heard anything more from the Chief about the current status of my FOIL request. I'll be glad to hear from you again.

Best wishes,
Beryl

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