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August 01, 2017

Redacting the name of a party in an administrative disciplinary action from the decision


Redacting the name of a party in an administrative disciplinary action from the decision
OATH Index No. 724/17

A New York City correction officer was served administrative disciplinary charges alleging the officer used unauthorized force when disbursing a chemical agent for more than a two-second burst within six feet of an inmate who had ceased offering resistance. The officer was also charged with filing an incomplete and inaccurate use of force report.

The officer moved to have his name redacted from the decision pursuant to §50-a of the New York State Civil Rights Law*on the grounds that a correction officer’s personnel records cannot be disclosed without an officer’s consent or a court order.

New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge Astrid B. Gloade denied the motion, explaining that OATH has
consistently held that its decisions are not subject to the confidentiality provisions of Section 50-a of the Civil Rights Law because it is an independent tribunal that is not under the New York City Department of Correction's control."  

* Civil Rights Law §50-a, in pertinent part, provides that  “personnel records . . . under the control of . . . a department of correction of  individuals employed as correction officers” cannot be disclosed without an officer’s consent or a court order.

The decision is posted on the Internet at:

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com