ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

October 08, 2024

New York State's Freedom of Information Law presumably opens for public inspection and copying all government records unless a record falls within one of the enumerated statutory exemptions set by law

In a proceeding pursuant to CPLR Article 78 initiated by the Petitioner to compel disclosure of certain documents pursuant to the Freedom of Information Law [FOIL], Public Officers Law Article 6, and for an award of attorneys' fees and litigation costs, the Suffolk County Police Department [Department] appealed a Supreme Court order requiring the Department to provide Petitioner with certain law enforcement disciplinary records* and 911-call records, subject to any authorized redactions or exemptions. The Appellate Division affirmed the Supreme Court's ruling, with costs.

The Department had denied or granted with redactions, in whole or in part, Petitioner's FOIL requests. The Department's denials and redactions were claimed, for the most part, to involve allegations of police officer misconduct that were classified as "unsubstantiated," "unfounded," or "exonerated."

The Department also denied or redacted records concerning complaints of police officer misconduct under color of Public Officers Law §87(2)(b), which the Department contended would "constitute unwarranted invasions of personal privacy".** The Department's rejections of Petitioner's FOIL requests were, for the most part, sustained by the Department on administrative appeal.

Citing Matter of Lane v County of Nassau, 221 AD3d 1008 among other decisions, the Appellate Division opined "'FOIL proceeds under the premise that the public is vested with an inherent right to know and that official secrecy is anathematic to our form of government" and "FOIL ... imposes a broad duty on government agencies to make their records available to the public." Thus "[a]ll government records are thus presumptively open for public inspection and copying unless they fall within one of the enumerated exemptions of Public Officers Law §87(2)" [see Matter of Tuckahoe Common Sch. Dist. v Town of Southampton, 179 AD3d 929 and Matter of Lepper v Village of Babylon, 190 AD3d 738].

With respect to the application of Public Officers Law §87(2)(b) and (f), the Appellate Division said these exemptions provide, respectively, an exemption from disclosure for records or portions of records that, if disclosed, would [1] constitute an unwarranted invasion of personal privacy or [2] could endanger the life or safety of any person. Accordingly, said the court, "... consistent with the policy of broad public access, the exemptions are to be narrowly construed, and the burden rests on the agency to demonstrate that the requested material qualifies for exemption".

With respect to the withheld records of "unsubstantiated, unfounded, or exonerated allegations of misconduct", such records "were not categorically exempt from disclosure" as "[T]here is no categorical exemption from disclosure for unsubstantiated allegations or complaints of police misconduct." Further, opined the Appellate Division, "Upon repealing Civil Rights Law § 50-a, the Legislature amended the Public Officers Law to specifically contemplate the disclosure of '[l]aw enforcement disciplinary records,' which it defines to include 'complaints, allegations, and charges against an employee'". Thus "disclosure of the withheld records of unsubstantiated, unfounded, or exonerated allegations of misconduct was required unless those records "'[fell] squarely within the ambit of one of [the] statutory exemptions [under Public Officers Law §87(2)]'". and the party seeking exemption "must present specific, persuasive evidence that the material falls within the exemption" and "[c]onclusory assertions that certain records fall within a statutory exemption are not sufficient; evidentiary support is needed".

As Department failed to demonstrate that the withheld records of unsubstantiated, unfounded, or exonerated allegations of misconduct fell squarely within the personal privacy exemption or the life and safety exemption the Appellate Division concluded that "Supreme Court properly directed the Department] to disclose the subject records of unsubstantiated, unfounded, or exonerated allegations of misconduct, subject to any authorized redactions or exemptions."

Addressing the Department's contention that its law enforcement disciplinary files created prior to June 12, 2020 are not subject to FOIL disclosure because the repeal of Civil Rights Law §50-a "is not retroactive", the Appellate Division opined that this "was not a ground invoked by [the Department] in denying [Petitioner's] FOIL requests and, therefore, is not properly before the court.

* Law enforcement disciplinary records and records relating to allegations of police officer misconduct.

** Records were also withheld or redacted to eliminate references to, and identifying information of, nonpolice individuals and records of 911 calls were redacted completely or withheld by the Department under color of Suffolk County Law §308(4).

Click HERE to access the Appellate Division's decision 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. 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.
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