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.