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February 05, 2019

Accessing the personnel records of law enforcement personnel


Accessing the personnel records of law enforcement personnel
Ferrara v Superintendent, Division of State Police, 235 A.D.2d 874,  Appeal dismissed, 90 N.Y.2d 829, Defendant's motion to dismiss appeal granted, 26 F.Supp.2d 410

A prisoner at the Oneida Correctional Facility, submitted a Freedom on Information request to the Division of State Police seeking "records of disciplinary action taken against members of the State Police" as the result of an internal investigation.

The Appellate Division, in sustaining the Division's refusal to provide such information, explained that such records are specifically exempted from disclosure under Civil Rights Law §50-a.

In a similar cases, Nassau County Police Department v Kevin, 237 A.D.2d 354, the Appellate Division quashed a judicial subpoena issued by a District Court that ordered the production of "internal police directives and orders" that it was alleged would establish the existence of a quota system for making arrests for driving while intoxicated on the Long Island Expressway. 

See, also, 166 Misc.2d 207. Here the driver of a motor vehicle had been arrested for allegedly driving 85 miles an hour while intoxicated by Nassau County Police. The Appellate Division said the driver presented nothing to support his claim and that a subpoena may not be used "to fish for impeaching material".

The decision is posted on the Internet at:
https://www.leagle.com/decision/19971109235ad2d8742420


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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