Police department misconduct allegations and disciplinary proceedings

Beryl Lipton filed this request with the Glenville Town Police Department of Glenville, NY.

It is a clone of this request.

Due July 7, 2020
Est. Completion Oct. 30, 2022
Status
Awaiting Response

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

All materials and records describing and sufficient to show/disclose all allegations of misconduct made and all disciplinary proceedings taken against any officer, employee, or representative of this policing agency.

As described in the New York Freedom of Information Law, a record is "any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes." Records kept in a digital or electronic form are also records, would be responsive to this request, and should be provided.

These records are typically required to be retained under the New York State Records Retention and Disposition Schedule MU-1 (http://www.archives.nysed.gov/records/retention_mu-1), including, but not limited to, item no. 365, which includes: "Investigative records and disciplinary proceedings, including but not limited to statement of charge, transcript of hearing, notice of decision, letter of termination or resignation, letter of reinstatement, record of appeal procedure, and correspondence." While materials under that schedule have a set retention of 3 years after the final decision rendered, this request and materials responsive to it include *all* records held in the possession of any office or individual employed or formerly employed by this policing agency, including those kept off-site, in digital form, and in personnel files.

Please note that any failure to provide all potentially-responsive materials and/or the destruction of materials potentially responsive to this request would be a violation of the spirit of the New York Freedom of Information Law, as well as unlawful under the New York FOIL and the terms of the attached litigation hold notice.

Materials responsive to this request include — but are not limited to — all complaints, reports, records of discipline and penalties, aggregate collections of complaint and disciplinary materials (spreadsheets, databases), investigatory materials, relevant related correspondence, photographs, video, other related evidence, proof of discipline or fulfillment of penalties, and all personnel materials (including those used in promotion, contract, and other employment negotiations and considerations) that reference or utilize misconduct allegations or disciplinary materials of any sort.

Materials responsive to this request include all complaints— internal, external, and civilian — and include records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident/complaint: date, time, location, nature of the incident, description of the incident, nature of the investigation, investigatory materials, the disposition of the case, and any subsequent materials related to the execution of any resultant discipline. Responsive materials include all complaints and allegations against any officer, employee, or representative of this policing agency, regardless of whether that complaint or allegation resulted in any investigation or disciplinary action.

Responsive materials also include all records of use of force by officers, including records disclosing the names, badge numbers, and personnel identification of each officer involved and/or serving as a witness, as well as all available details of the incident: date, time, location, nature of the incident, description of the incident, nature of the use of force, subsequent investigatory materials related to the use of force, the disposition of any investigation into the incident, and any subsequent materials related to the use of force.

Please provide materials on a rolling basis, beginning with materials created during the following timeframes:
• January 1, 2010 - June 15, 2020
• January 1, 2000 - January 1, 2010
• January 1, 1990 - January 1, 2000
• January 1, 1980 - January 1, 1990
• January 1, 1970 - January 1, 1980

Pursuant to NYCRR Section 1401.5(c)(1), should any of this request be unclear or lack sufficient description for your office, please provide direction that would enable this requester to request records reasonably described. Please also note that the New York FOIL states: "An agency shall not deny a request on the basis that the request is voluminous or that locating or reviewing the requested records or providing the requested copies is burdensome because the agency lacks sufficient staffing or on any other basis if the agency may engage an outside professional service to provide copying, programming or other services required to provide the copy...." Please also see FOIL AO 19671, an Advisory Opinion from the Committee on Open Government [https://docs.dos.ny.gov/coog/ftext/f19671.htm].

If your office has questions about this request or would like to discuss it for any reason, please contact this requester via the contact email address provided and feel free to follow up by phone: 617-299-1832. This request is being submitted to each policing agency in New York as part of a collaborative project led by MuckRock and involving multiple other educational and journalistic partners and participants. For this reason, over the lifetime of this request, your agency may interface with individuals not listed on this initial communication.

This request is being made in the public interest by a news organization as part of non-profit (not commercial) journalistic work and research on behalf of the public. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request and as part of the necessary negotiations for successful processing. As far as it is possible, please fulfill elements of this request electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Beryl Lipton

  • MuckRock_Litigation_Hold_-_Template20-202020-06-17T125612.854.pdf

From: Glenville Town Police Department

An interim response, stating the request is being processed.

From:

To Whom It May Concern:

Please see the attached response to your request dated June 17, 2020.

Thank you,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Beryl Lipton

Hi there,

I'm wondering whether you could please provide an estimated completion date for this request. I last heard from your office in July 2020. I understand that it may take a while longer, but having a realistic sense of when the request will be completed will help me to avoid unnecessary follow-up messages.

Thank you so much for your time and help.

Best wishes,
Beryl

From: Beryl Lipton

Hello, Ms. Peltier —

I'm wondering whether you could please provide an estimated completion date for this request. I last heard from your office in July 2020. I understand that it may take a while longer, but having a realistic sense of when the request will be completed will help me to avoid unnecessary follow-up messages. Alternatively, if you could provide to me the contact information for the Town Attorney, I will follow up with that individual directly.

Thank you so much for your time and help.

Best wishes,
Beryl
617-500-7123

From: Glenville Town Police Department

MuckRock News
Attention: Beryl

Dear Beryl:

The Town of Glenville Police Department is in receipt of your Freedom of Information Law (FOIL) request. Due to the nature of the request, it will take more than 20 days, approximately 90 days, to review, gather and redact (if necessary) any applicable records.

Thank you,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

MuckRock News

Attention: Beryl

The Glenville Police Department is in receipt of your request for records. Because of the nature of the information requested, it will take more than 20 days, approximately 90 days, for us to review, gather and redact (if necessary) the applicable records.

Thank you,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

The Town of Glenville Police Department is in receipt of your FOIL request. It will take approximately 90 days to gather the information that is being requested.

Thank you,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

The Police Department of the Town of Glenville received your Freedom of Information Request dated February 4, 2022. We are in the process of gathering the information that is being requested. It will take approximately 90 days to complete this task.

Sincerely,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

The Glenville Police Department, Glenville, New York, is in receipt of your Freedom of Information Request dated April 25, 2022. We are in the process of getting the information together that you are requesting. It will take approximately 90 days to complete.

Sincerely,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

To Whom It May Concern:

The Town of Glenville, NY Police Department is in receipt of your recent Freedom of Information request. We are in the process of getting the information together. We will forward the information to you as soon as it becomes available.

Sincerely,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

To Whom It May Concern:

I am in receipt of your recent email regarding a Freedom of Information request for personnel records of the Glenville Police Department. We are still gathering the information that was requested and are looking at having this documentation available on or about September 25, 2022.

Sincerely,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

Good morning,

We are in receipt of your email. We are still gathering the information and will need until October 30, 2022 to complete the paperwork.

Thank you,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

Good morning,

The Glenville Police Department is in receipt of your email dated April 3, 2023, regarding copies of records. The Town of Glenville has new legal counsel that is currently reviewing the request. We should have a response within 90 days.

Thank you,

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

From: Glenville Town Police Department

Good Afternoon,

Please reference the email that was sent on April 3, 2023 (attached).

Anne Marie Peltier
Typist
Town of Glenville Police Department
(518) 384-0123, ext. 334

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