As is relevant here, former Civil Rights Law §50-a provided, with limited exceptions, that "[a]ll personnel records [of law enforcement officers] used to evaluate performance toward continued employment or promotion ... shall be considered confidential and not subject to inspection or review" (see Matter of New York Civ. Liberties Union v New York City Police Dept., 32 NY3d 556).
The legislature repealed Civil Rights Law §50-a [see Chapter 96, Laws of 2020] and made several related amendments to the State's Freedom of Information Law [FOIL], providing that such changes "shall take effect immediately".
In the words of the Appellate Division, "repeal of Civil Rights Law §50-a ... reflected a strong legislative policy promoting transparency of police disciplinary records and eliminated any claim of confidentiality in them" (see People v Castellanos, 72 Misc 3d 371)).
The Appellate Division then held that "the repeal of Civil Rights Law §50-a applies retroactively to records created prior to June 12, 2020", citing Schenectady Police Benevolent Assn. v City of Schenectady, 2020 WL 7978093; 2020 NY Slip Op 34346[U].
In the words of the Appellate Division, while "the legislature made no express statement in the repeal itself, or in the limited legislative history concerning the same, as to whether the repeal was to be applied retroactively [the amendments] "went into effect immediately and, by its plain reading and intent, applies to records then existing and not simply to records created at a time subsequent to the enactment of the legislation."
Citing Majewski v Broadalbin-Perth Cent. School Dist., 91 NY2d 577, the court said "While the characterization of a statute as remedial is not dispositive, as a general matter, "remedial legislation should be given retroactive effect in order to effectuate its beneficial purpose".
Click HERE to access the decision of the Appellate Division posted on the Internet.