Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
| Submitted | June 19, 2020 |
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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
From: Whitehall Village Police Department
An acknowledgement letter, stating the request is being processed.
From: Whitehall Village Police Department
Good Morning,
Just wanted to advise the initial response to this request has been mailed.
Thank You,
Chief Ernest Bassett Jr.
From: Muckrock Staff
Hello Chief Bassett,
Thank you so much for your email. I appreciate that you let me know the acknowledgement has been mailed. I'll look for it and follow up as necessary. Please let me know if there's any clarification or help I can provide in the meantime.
All the best,
Beryl
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 19, 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: Whitehall Village Police Department
Good Morning,
Just advising I will be sending out Information related to the requested FOIL later today for the Village of Whitehall.
I also want to acknowledge receipt of request for the Village of Granville since I am also the Police Chief for that jurisdiction also. I will forward the information for the Granville Police Department ASAP. (Hopefully with in the next 14 business days)
If I can be of further assistance, please do not hesitate
Chief Ernest Bassett Jr.
Village of Whitehall
Village of Granville
From: Whitehall Village Police Department
A copy of documents responsive to the request.
-
Responsive Documents
From: Whitehall Village Police Department
An interim response, stating the request is being processed.
From: Whitehall Village Police Department
An interim response, stating the request is being processed.
From: Muckrock Staff
Hello Chief Bassett,
Thank you so much for your letter and your kind wishes for our project. I really appreciate your work. I will definitely follow up in the next couple of weeks if I have any additional questions.
I hope you and your team are well. Have a terrific weekend.
All the best to you,
Beryl
From: Whitehall Village Police Department
A copy of documents responsive to the request.
From: Whitehall Village Police Department
Good Morning Sir,
As stated in Past E-Mails I'am the Police Chief for both the Village of Whitehall and the Village of Granville. I have sent records for both departments. The Village of Whitehall shows the request has been completed. The Village of Granville shows still pending. Just checking to verify you have received records for the Village of Granville. If you have not received these records I will have to resend.
Thank You Chief Ernest Bassett Jr.
On 07/30/2020 11:09 AM requests@muckrock.com wrote:
Whitehall Village Police Department
FOIL Office
P.O. Box 207
57 Skenesborough Drive
Whitehall, NY 12887
July 30, 2020
This is a follow up to a previous request:
Hello Chief Bassett,
Thank you so much for your letter and your kind wishes for our project. I really appreciate your work. I will definitely follow up in the next couple of weeks if I have any additional questions.
I hope you and your team are well. Have a terrific weekend.
All the best to you,
Beryl
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 96386
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On July 17, 2020:
Subject:
A copy of documents responsive to the request.
---
On July 14, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Good Morning,
Just advising I will be sending out Information related to the requested FOIL later today for the Village of Whitehall.
I also want to acknowledge receipt of request for the Village of Granville since I am also the Police Chief for that jurisdiction also. I will forward the information for the Granville Police Department ASAP. (Hopefully with in the next 14 business days)
If I can be of further assistance, please do not hesitate
Chief Ernest Bassett Jr.
Village of Whitehall
Village of Granville
---
On June 26, 2020:
Subject: RE: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Hello Chief Bassett,
Thank you so much for your email. I appreciate that you let me know the acknowledgement has been mailed. I'll look for it and follow up as necessary. Please let me know if there's any clarification or help I can provide in the meantime.
All the best,
Beryl
---
On June 25, 2020:
Subject: Re: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Good Morning,
Just wanted to advise the initial response to this request has been mailed.
Thank You,
Chief Ernest Bassett Jr.
---
On June 25, 2020:
Subject:
An acknowledgement letter, stating the request is being processed.
---
On June 19, 2020:
Subject: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
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
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 96386
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Ernest Bassett
Chief of Police
Whitehall Police Department
57 Skenesborough Drive, Whitehall, NY 12887
Voice: 518.499.1316 Ext. 1700 | Fax: 518.499.3570 | www.WhitehallPolice.org
Facebook: www.facebook.com/whitehallpoliceny | Twitter: www.twitter.com/whitehallpolice (http://www.twitter.com/whitehallpolice)
Reply to: chief@whitehallpolice.org (mailto:chief@whitehallpolice.org)
CONFIDENTIALITY NOTE: This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the Whitehall Police Department immediately by reply e-mail and delete the e-mail from your system.
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