Disciplinary record, subject: former Police Officer Joseph Sidlowski
It is a clone of this request.
| Tracking # |
2020-056-17286 |
| Submitted | Nov. 19, 2020 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The complete disciplinary record of Police Officer Joseph Sidlowski. For specificity and to rule out duplicates, the subject is identifiable as having joined the NYPD approximately January 2013. The subject is noted in the Staten Island Advance as having resigned Wednesday, November 18, 2020. He is identified as 35 years old (approximate year of birth 1985).
Per legislation signed by the Governor on June 12, 2020 as Chapter 96 of the New York State Laws of 2020, these records may not be withheld citing New York State Civil Rights Law 50-a (repealed); they are now subject to release upon request through the state's Freedom of Information Law.
Explicitly releasable are records including:
* complaints, allegations, and charges against an employee;
* the name of the employee complained of or charged;
* the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;
* the disposition of any disciplinary proceeding;
* the final written opinion or memorandum supporting the disposition and discipline imposed including the agency's complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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. I would prefer the request filled 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,
T. McElwee
From: New York City Police Department
Your request FOIL-2020-056-17286 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.
Request Title: Disciplinary record, subject: former Police Officer Joseph Sidlowski
Request Description: Other Request
Request Type: Other Request
Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description:
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The complete disciplinary record of Police Officer Joseph Sidlowski. For specificity and to rule out duplicates, the subject is identifiable as having joined the NYPD approximately January 2013. The subject is noted in the Staten Island Advance as having resigned Wednesday, November 18, 2020. He is identified as 35 years old (approximate year of birth 1985).
Per legislation signed by the Governor on June 12, 2020 as Chapter 96 of the New York State Laws of 2020, these records may not be withheld citing New York State Civil Rights Law 50-a (repealed); they are now subject to release upon request through the state's Freedom of Information Law.
Explicitly releasable are records including:
* complaints, allegations, and charges against an employee;
* the name of the employee complained of or charged;
* the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;
* the disposition of any disciplinary proceeding;
* the final written opinion or memorandum supporting the disposition and discipline imposed including the agency's complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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. I would prefer the request filled 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,
T. McElwee
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Requester's Contact Information
Name:
T Mcelwee
Title:
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Email:
requests@muckrock.com (mailto:requests@muckrock.com)
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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-17286. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-17286)
From: New York City Police Department
The New York City Police Department (NYPD) has denied your FOIL request FOIL-2020-056-17286 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-17286)
In regard to the document(s) which you requested, I must deny access to these records on the basis of Public Officers Law Section 87(2)(b) as such information, if disclosed, would constitute an unwarranted invasion of personal privacy.
Please visit FOIL-2020-056-17286 to view additional information and take any necessary action. You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-17286) foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2020-056-17286%20-%20Appeal)
From: T. McElwee
To whom it may concern:
I appeal the Records Access Officer's determination in the matter of FOIL-2020-056-17286, ("Disciplinary record, subject: former Police Officer Joseph Sidlowski").
The above captioned FOIL request was rejected on basis that it "would constitute an unwarranted invasion of personal privacy." This is improper for the following reasons:
* Mr. Sidlowski has plead guilty to multiple charges of Strangulation on November 18 (see attachment, a printout of Case Details, WebCriminal by the New York Unified Court System); with this plea, there has ceased to be dispute as to whether Sidlowski has committed actions that arise to the level of criminality.
* Sidlowski he has also resigned from the New York City Police Department; the Department may not argue that this harm to his further career.
* Sidlowski awaits sentencing in Richmond County in February 2021. At sentencing, the recognized parties (the People of the State of New York as represented by the District Attorney of Richmond County, the recognized victim, and Sidlowski himself) are afforded the chance to evaluate Sidlowski's conduct (including his professional conduct) as well as his character for purposes of determining an appropriate penalty.
In sum: disclosure of Sidlowski's records of discipline with the Department are therefore a matter of distinct public interest (determining an appropriate penalty in a case of domestic violence), and one that strongly outweighs any argument of privacy interests.
Additionally, as mentioned in the original request: the Department no longer has recourse to a blanket denial of disciplinary records, as CRL 50-A has been repealed in total and are now fully, and explicitly, governed under the Freedom of Information Law which presumes public records as releaseable.
The Records Access Appeals Officer should be aware that if the Department continues to deny the properly phrased FOIL request (whether through outright denial or a constructive denial) then administrative remedies will be exhausted and the sole remaining remedy is lawsuit under Article 78 of the Civil Practice Law and Rules, where the remedy may include the possibility of court costs being recovered at the Department's expense.
In conclusion, I pray for the relief of the Appeals Officer granting access to the records within a reasonable timetable and limited redactions, in conformity with Chapter 96 of the New York State Laws of 2020 and Freedom of Information Law.
Sincerely,
T. McElwee
From: New York City Police Department
Appeal determination attached.
Respectfully,
Jordan S. Mazur, Esq.
Sergeant
Records Access Appeals Officer
NYPD Legal Bureau
1 Police Plaza, Room 1406
New York, NY 10038
FOILAppeals@NYPD.org<mailto:FOILAppeals@NYPD.org>
CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.
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~WRD376
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