Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Yorktown Town Police Department of Yorktown, NY.

It is a clone of this request.

Est. Completion July 10, 2020
Status
Fix Required

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_-_Template20-202020-06-19T121310.184.pdf

From:

Beryl Lipton,

I have received your FOIL request dated June 19, 2020 for "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" from January 1, 1970 -
June 15, 2020.

I have forwarded your request to the Town of Yorktown Legal Department.

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

914-962-4141 x 118

From: Yorktown Town Police Department

Adam,

Just keeping this on your radar. We will need months to comply with this
foil request. You will need months to review our redactions. Just don't
want to get burned on any timeliness issues. I will be taking leave time
after Friday, July 10.

Robert M. Noble

Chief of Police

Town of Yorktown Police Department

914-962-4141 ext. 116

rnoble@yorktownpd.org <mailto:rnoble@yorktownpd.org>

From: Muckrock Staff

Hello Lt. Deiulio,

Thank you so much for your message. I understand that this request might require some work given existing file systems, and I would be glad to discuss it further with someone from your team. Please let me know what might be workable.

All the best,
Beryl

From: Yorktown Town Police Department

Dear Muckrock News,

This letter is in response to your FOIL request dated June 19, 2020, that I acknowledged receipt of on June 23, 2020.

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Town is unable to determine which records, if any, can be lawfully disclosed at this time.

We expect that the requested records will be available within twenty days of the Court’s disposition of the litigation. If the records become available sooner, you will be so advised.

If there is a cost associated with reproducing these records, the Town reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

2281 Crompond Road

Yorktown Heights, NY 10598

914-962-4141 x 118

From: Yorktown Town Police Department

This email is in response to your FOIL request dated June 19, 2020, that I acknowledged receipt of on June 23, 2020 and again on August 5, 2020.

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Town is unable to determine which records, if any, can be lawfully disclosed at this time.

We expect that the requested records will be available within twenty days of the Court’s disposition of the litigation. If the records become available sooner, you will be so advised.

If there is a cost associated with reproducing these records, the Town reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.

Respectfully,

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

2281 Crompond Road

Yorktown Heights, NY 10598

914-962-4141 x 118

From: Yorktown Town Police Department

This email is in response to your FOIL request dated June 19, 2020, that I acknowledged receipt of on June 23, 2020, August 5, 2020 & October 23, 2020.

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Town is unable to determine which records, if any, can be lawfully disclosed at this time.

We expect that the requested records will be available within twenty days of the Court’s disposition of the litigation. If the records become available sooner, you will be so advised.

If there is a cost associated with reproducing these records, the Town reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.

Respectfully,

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

2281 Crompond Road

Yorktown Heights, NY 10598

914-962-4141 x 118

From: Yorktown Town Police Department

This email is in response to your FOIL request dated June 19, 2020, that I acknowledged receipt of on June 23, 2020, August 5, 2020, October 23, 2020 & November 16,2020.

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Town is unable to determine which records, if any, can be lawfully disclosed at this time.

We expect that the requested records will be available within twenty days of the Court’s disposition of the litigation. If the records become available sooner, you will be so advised.

If there is a cost associated with reproducing these records, the Town reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.

Respectfully,

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

2281 Crompond Road

Yorktown Heights, NY 10598

914-962-4141 x 118
---

From: Yorktown Town Police Department

To whom it may concern,

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Town is unable to determine which records, if any, can be lawfully disclosed at this time.

We expect that the requested records will be available within twenty days of the Court’s disposition of the litigation. If the records become available sooner, you will be so advised.

If there is a cost associated with reproducing these records, the Town reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.

Respectfully,

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

2281 Crompond Road

Yorktown Heights, NY 10598

914-962-4141 x 118

From: Yorktown Town Police Department

This email is in response to your FOIL request dated June 19, 2020, that I acknowledged receipt of on June 23, 2020, August 5, 2020, October 23, 2020, November 16,2020 & January 22, 2021.

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Town is unable to determine which records, if any, can be lawfully disclosed at this time.

We expect that the requested records will be available within twenty days of the Court’s disposition of the litigation. If the records become available sooner, you will be so advised.

If there is a cost associated with reproducing these records, the Town reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.

Respectfully,

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

2281 Crompond Road

Yorktown Heights, NY 10598

914-962-4141 x 118

From: Yorktown Town Police Department

Due to the volume of records that must be reviewed prior to disclosure and the pendency of litigation regarding this subject, the Town is unable to determine which records, if any, can be lawfully disclosed at this time.

If there is a cost associated with reproducing these records, the Town reserves the right to charge a fee in accordance with the Freedom of Information Law. Once the final cost, if any, of the request is determined, it will be communicated to you. After payment is received, the documents will be provided.

Respectfully,

Lieutenant John DeIulio

Staff Division Commander

Town of Yorktown Police Department

2281 Crompond Road

Yorktown Heights, NY 10598

914-962-4141 x 118

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  • MuckRock_Litigation_Hold_-_Template20-202020-06-19T121310.184.pdf