Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
| Submitted | June 18, 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 are in receipt of your FOIL request below, and will respond with any applicable records within 20 days.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
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From: Shelter Island Town Police Department
An acknowledgement letter, stating the request is being processed.
From: Shelter Island Town Police Department
Please see attached letter in reference to above FOIL.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
From: Shelter Island Town Police Department
An interim response, stating the request is being processed.
From: Shelter Island Town Police Department
Please see attached letter in reference to the above FOIL request. This letter is also being sent via regular mail today.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
From: Shelter Island Town Police Department
Please see attached letter regarding your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
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image001
From: Shelter Island Town Police Department
Good Afternoon,
Attached please find a response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
-
image001
From: Shelter Island Town Police Department
Amanda M. Gutiw
Office Assistant
Police Department
Town of Shelter Island
44 North Ferry Road
P.O. Box 1056
Shelter Island, NY 11964
P: 631.749.0600 F: 631.749.0637
agutiw@shelterislandtown.us<mailto:agutiw@shelterislandtown.us>
Town of Shelter Island Police Department<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.shelterislandtown.us%2Fshelter-island-police-department%2F&data=02%7C01%7C%7C9eee5222837c4fdfd79308d6cf2f79dd%7Ceede1cd6fd2e46028f86b0987aa24ca2%7C0%7C0%7C636924200166879571&sdata=MRy7aSN%2BzB2kUtjzMH0LNo09gkCLQx9i%2Fu1zmIi%2BSJE%3D&reserved=0>
[Town Seal 2011 a (2)]
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
-
image001
From: Shelter Island Town Police Department
Amanda M. Gutiw
Office Assistant
Police Department
Town of Shelter Island
44 North Ferry Road
P.O. Box 1056
Shelter Island, NY 11964
P: 631.749.0600 F: 631.749.0637
agutiw@shelterislandtown.us<mailto:agutiw@shelterislandtown.us>
Town of Shelter Island Police Department<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.shelterislandtown.us%2Fshelter-island-police-department%2F&data=02%7C01%7C%7C9eee5222837c4fdfd79308d6cf2f79dd%7Ceede1cd6fd2e46028f86b0987aa24ca2%7C0%7C0%7C636924200166879571&sdata=MRy7aSN%2BzB2kUtjzMH0LNo09gkCLQx9i%2Fu1zmIi%2BSJE%3D&reserved=0>
[Town Seal 2011 a (2)]
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
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image001
From: Shelter Island Town Police Department
Good Afternoon,
Attached please find a letter in response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
-
image001
From: Shelter Island Town Police Department
Attached please find the response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
-
image001
From: Shelter Island Town Police Department
Attached please find a letter in reference to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[e943ecc8-5be2-4768-a17e-1b829b908afe]<https://www.facebook.com/ShelterIslandTownPoliceDepartment>
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
From: Shelter Island Town Police Department
Attached please find a letter in response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
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image001
From: Shelter Island Town Police Department
Good Morning,
Attached please find a letter in response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
-
image001
From: Shelter Island Town Police Department
Good Morning,
Attached please find a letter in response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
-
image001
From: Shelter Island Town Police Department
Attached please find a letter in response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
-
image001
From: Shelter Island Town Police Department
Please see the attached PDF from the Shelter Island Police Department, thank you.
Amanda M. Gutiw
Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
P.O. Box 1056
Shelter Island, NY 11964
P: 631.749.0600 F: 631.749.0637
agutiw@shelterislandtown.us<mailto:agutiw@shelterislandtown.us>
Town of Shelter Island Police Department<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.shelterislandtown.us%2Fshelter-island-police-department%2F&data=02%7C01%7C%7C9eee5222837c4fdfd79308d6cf2f79dd%7Ceede1cd6fd2e46028f86b0987aa24ca2%7C0%7C0%7C636924200166879571&sdata=MRy7aSN%2BzB2kUtjzMH0LNo09gkCLQx9i%2Fu1zmIi%2BSJE%3D&reserved=0>
[Town Seal 2011 a (2)]
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message
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image001
From: Shelter Island Town Police Department
Good Afternoon,
Attached please find a letter and records in response to your FOIL request dated June 29, 2020.
Sincerely,
Jennifer C. Beresky
Senior Police Clerk
Police Department
Town of Shelter Island
44 North Ferry Road
PO Box 1056
Shelter Island, NY 11964
631.749.0600
fax 631.749.0637
https://www.shelterislandtown.us/shelter-island-police-department
[Police patch transparent][Town Seal Shells]
CONFIDENTIALITY NOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message.
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