Compelling the disclosure of records pursuant to New York State's Freedom of Information Law with respect to complaints and allegations made against police officers "that were not substantiated"
In the Matter of New York
Civil Liberties Union v. Village of Freeport, 2024 NY Slip Op 03824, the Appellate
Division held that upon repealing Civil Rights Law §90-a, the New York State Legislature
amended the "Public Officers Law to specifically contemplate the
disclosure of 'law enforcement disciplinary records,' which it defines to
include 'complaints, allegations, and charges against an employee'".Further,
opined the court, if the State Legislature "had intended to exclude from
disclosure complaints and allegations that were not substantiated, it would
simply have stated as much", observing "[it] did not, and instead
included 'complaints, allegations, and charges' in its definition of
disciplinary records, along with 'the disposition of any disciplinary
proceeding,' without qualification as to the outcome of the proceeding".
Click HERE to access the decision of the
Appellate Division posted on the Internet.
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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.
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