Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
Submitted | June 18, 2020 |
Est. Completion | Oct. 2, 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:
Stony Point Police Department
79 Route 210
Stony Point, NY 10980
(845) 786-2422
sppd@stonypointpd.org
Your message is ready to be sent with the following file or link attachments:
Foil Response Personnel Disciplinary Records
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From: Stony Point Town Police Department
Beryl Lipton,
See attached Foil request reply
Regards,
Chief Brian J. Moore
Stony Point Police Department
79 Route 210
Stony Point, NY 10980
(845) 786-2422
bmoore@stonypointpd.org
FBI NA Session 216
Your message is ready to be sent with the following file or link attachments:
Foil Request Reply 06 24 20
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled.
From: Beryl Lipton
Hello Chief Moore,
Thanks so much for your direction. I will forward my request of June 18, 2020 to the Town Clerk. Please let me know if you have any questions for me.
All the best,
Beryl
From: Beryl Lipton
Hello,
Could you please confirm receipt of this request, which was sent to the Stony Point Police Department on June 18, 2020?
Thank you very much for your time and help.
_____________________________________
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: Stony Point Town Police Department
This correspondence will acknowledge your FOIL request dated above-captioned. Your request is being processed and reviewed pursuant to the Public Officers Law of New York State.
With all rights reserved concerning the propriety of your request pursuant to the Public Officer Law, this letter is to advise you that your request will be granted or denied or otherwise acted upon within twenty business days from the date of this letter. If this Agency determines to grant your request in whole or in part, and circumstances prevent disclosure to you within twenty business days from the date of this letter, this Agency shall state, in writing, both the reason for this inability to grant your request within twenty days and a date certain within a reasonable period, depending on the circumstances, when your request will be granted in whole or in part. Please be further advised that you are required to pay the reasonable cost of reproduction for any documents you are requesting.
Nothing in this response should be construed to require this Agency to prepare any record not possessed or maintained by this Agency, nor to require this Agency to have other persons or entities produce records. A determination on your request will be made pursuant to applicable law.
Megan Carey, Town Clerk
Town of Stony Point
74 East Main Street
Stony Point, NY 10980
(845)786-2716 x107
(845)786-2783 fax
From: Stony Point Town Police Department
To follow up on your request, this correspondence will acknowledge your FOIL request. Your request seeks disclosure of law enforcement personnel records. Legislation was recently enacted concerning the disclosure of law enforcement personnel records. However, such legislation did not address or otherwise provide guidance with respect to other statutes that may conflict with the newly enacted legislation and related issues.
Currently, the legal issues concerning the disclosure of law enforcement personnel records is under review and consideration by the Town’s legal counsel and the Town Board. Accordingly, we expect that, under the circumstances, you will receive a further response on or before 65 business days.
With all rights reserved concerning review of your request pursuant to the Public Officer Law, if this Agency determines to grant your request in whole or in part, and circumstances prevent disclosure to you within 65 business days from the date of this letter, this Agency shall state, in writing, both the reason for the inability to grant your request within 65 business days and a date certain upon which records shall be provided in whole or in part, or denied in whole or in part. Please be further advised that you may be required to pay costs associated with the reproduction for any documents you are requesting.
Nothing in this response should be construed to require this Agency to prepare any record not possessed or maintained by this Agency, nor to require this Agency to have other persons or entities produce records, unless required by law. The determination on your request will be made pursuant to applicable law.
Megan Carey, Town Clerk
Town of Stony Point
74 East Main Street
Stony Point, NY 10980
(845)786-2716 x107
(845)786-2783 fax
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: Stony Point Town Police Department
Your request seeks disclosure of law enforcement personnel records. Legislation was recently enacted concerning the disclosure of law enforcement personnel records. However, such legislation did not address or otherwise provide guidance with respect to other statutes that may conflict with the newly enacted legislation and related issues.
Currently, the legal issues concerning the disclosure of law enforcement personnel records is under review and consideration by our legal counsel and our municipal Board. Accordingly, we expect that, under the circumstances, you will receive a further response on or before October 2, 2020.
With all rights reserved concerning review of your request pursuant to the Public Officer Law, if this Agency determines to grant your request in whole or in part, and circumstances prevent disclosure to you by October 2, 2020, this Agency shall state, in writing, both the reason for the inability to grant your request and a date certain upon which records shall be provided in whole or in part, or denied in whole or in part. Please be further advised that you may be required to pay costs associated with the reproduction for any documents you are requesting.
Nothing in this response should be construed to require this Agency to prepare any record not possessed or maintained by this Agency, nor to require this Agency to have other persons or entities produce records, unless required by law. The determination on your request will be made pursuant to applicable law.
Very truly yours,
Megan Carey, Town Clerk
Town of Stony Point
74 East Main Street
Stony Point, NY 10980
(845)786-2716 x107
(845)786-2783 fax
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 Oct. 2, 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: 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 Oct. 2, 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: 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 Oct. 2, 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: 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 Oct. 2, 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: 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 Oct. 2, 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: Stony Point Town Police Department
Beryl Lipton.
FOIL Response attached.
Regards,
Chief Brian J. Moore
Stony Point Police Department
79 Route 210
Stony Point, NY 10980
(845) 786-2422
bmoore@stonypointpd.org<mailto:bmoore@stonypointpd.org>
FBI NA Session 216
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FOIL Response to Muckrock on 50-A files
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