Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Westfield Village Police Department of Westfield, NY.
Est. Completion July 22, 2020
Status
Payment Required

Communications

From: Alpha Assistance

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,

Alpha Assistance

  • MuckRock_Litigation_Hold_-_Template20-202020-06-19T114716.243_KhQAtVV.pdf

From: Westfield Village Police Department

Your email to Genthner, Rob <genthner@westfieldpd.com> is almost there!

We need to verify your email address.
Click the link below to instantly become a trusted sender.

https://sav.sendio.net/westfieldpd.com/sav?ua=genthner&sa=bounce%2B6ae63c.556-genthner%3Dwestfieldpd.com%40requests.muckrock.com&id=1592550258.17040.2.0.9b646147.496e

Thanks for your email. Chautauqua County is using Sendio's Opt-Inbox™ technology to ensure they do not receive unwanted email. Verifying your email address will ensure that all future email from bounce+6ae63c.556-genthner=requests@muckrock.com will be delivered directly to Genthner, Rob's inbox without delay.

Verification using the button above is instantaneous but if you prefer, simply sending a reply to this email will also work.

Need help, or want to learn more about how Opt-Inbox verification works? Visit https://sendio.com/solutions/opt-inbox/verification-process/

If you did not send a recent email to genthner@westfieldpd.com, please disregard this message.
Thanks,

Team Sendio

____________________________________________________
https://sendio.com/

From: Westfield Village Police Department

Your email to Genthner, Rob <genthner@westfieldpd.com> has been delivered.

Thank you for verifying your email address.
As a trusted sender, your future messages will go directly to Genthner, Rob's inbox.

Sendio's Opt-Inbox™ technology ensures users receive only the email they want.
Learn more at https://sendio.com/solutions/opt-inbox/
Thanks,
Team Sendio

From:

[image: new westfield logo 3.JPG]

July 2, 2020

MuckRock News

DEPT MR 96384

411A Highland Ave

Somerville, MA 02144

requests@muckrock.com

Dear MuckRock Staff Reporter:

This letter shall serve as our response to your most recent FOIL request
of June 19, 2020.

Please be advised, in accordance with § 89 of the New York Freedom of
Information Law, we are unable to complete your request at this time, but
will submit a more complete response on or before July 22, 2020.

Thank you.

--
*Vincent E. Luce*
Administrator & Village Clerk
Village of Westfield
23 Elm Street-Eason Hall
Westfield, N.Y. 14787
Like Us On Facebook
<https://www.facebook.com/pages/Village-of-Westfield/314905891918227>
vince@villageofwestfield.org
Westfield Community Website <http://westfieldny.com>
716-326-4961 #13
716-326-4987 fax
716-753-6347 personal cell

From: Westfield Village Police Department

July 8, 2020

MuckRock News
DEPT MR 96384
411A Highland Ave.
Somerville, MA 02144

requests@muckrock.com

Dear MuckRock Staff Reporter:

We have a response to your above referenced FOIL request ready to mail.
Please be advised that the record(s) include one (1) media cd and seven (7)
standard pages ready to be mailed. Please promptly remit a check made
payable to the "Village of Westfield" in the amount of $8.75 to cover the
costs of reproduction and postage and handling of said records. Please
send this check to:

*Village of Westfield*
*AttN: Records Access Officer*
*23 Elm Street-Eason Hall*
*Westfield, NY 14787*

Please place the following in the "Memo" section of the check: "*For FOIL
Request of June 19, 2020 to the Westfield Police Department*"

--
*Vincent E. Luce*
Administrator & Village Clerk
Village of Westfield
23 Elm Street-Eason Hall
Westfield, N.Y. 14787
Like Us On Facebook
<https://www.facebook.com/pages/Village-of-Westfield/314905891918227>
vince@villageofwestfield.org
Westfield Community Website <http://westfieldny.com>
716-326-4961 #13
716-326-4987 fax
716-753-6347 personal cell

Files

pages

Close