Disciplinary Files and Logs of Mayor Eric Adams During his Tenure with the Department (1984-2006)
| Tracking # |
FOIL-2023-056-07492 |
| Submitted | April 3, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I am writing to request access to specific records related to the disciplinary files and logs of now Mayor Eric Adams of New York City during his time with the New York City Police Department. Mayor Adams served with the department from 1984 to 2006. I am requesting the following records under the Freedom of Information Law (FOIL):
All records related to disciplinary actions taken against Eric Adams during his time with the New York City Police Department, including disciplinary files and logs.
Any and all records related to changes, edits, and copies of the responsive documents identified in item 1 above.
A list of all individuals who had access to the records identified in items 1 and 2 above during Eric Adams' tenure with the New York City Police Department.
As a member of the public, I have a right to access these records to gain a better understanding of the professional conduct and performance of now Mayor Eric Adams during his time with the New York City Police Department.
Please be advised that any attempt to withhold, redact, or destroy information related to this request will result in legal action and complaint. The failure to comply with FOIL is a serious matter and can result in both criminal and civil penalties. Therefore, I strongly urge you to comply with this request in a timely and complete manner.
Last, I would like to bring to your attention the case law supporting my request:
New York City Administrative Code Section 14-151 (a) requires the New York Police Department to maintain records of all complaints and allegations of police misconduct, including records of investigations and findings.
New York State Committee on Open Government, Advisory Opinion #2016-4 (2016) states that police body-worn camera footage is presumptively available under FOIL.
Matter of Fappiano v. New York City Police Department, 95 A.D.3d 981 (2d Dep't 2012) held that "FOIL represents a strong policy in favor of open government, and its exemptions must be narrowly construed."
New York Times Co. v. U.S. Dep't of Justice, 756 F.3d 100, 117 (2d Cir. 2014) (holding that "the public has a vital interest in information regarding the operations of its government" and that the FOIA "embodies the basic principle that an informed citizenry is essential to democracy").
Matter of DaimlerChrysler Corp. v. Spitzer, 7 N.Y.3d 653, 663 (2006) (stating that "FOIL, like FOIA, reflects a strong policy in favor of open government, and its exemptions must be narrowly construed").
Please note that any attempt to withhold, redact, or destroy information related to this request will result in legal action and complaint.
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,
Good Citizen
From: New York City Police Department
Your request FOIL-2023-056-07492 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.
Request Title: Disciplinary Files and Logs of Mayor Eric Adams During his Tenure with the Department
Request Description: Other Request
Request Type: Other Request
Other Request
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Date:
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Description:
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
I am writing to request access to specific records related to the disciplinary files and logs of now Mayor Eric Adams of New York City during his time with the New York City Police Department. Mayor Adams served with the department from 1984 to 2006. I am requesting the following records under the Freedom of Information Law (FOIL):
All records related to disciplinary actions taken against Eric Adams during his time with the New York City Police Department, including disciplinary files and logs.
Any and all records related to changes, edits, and copies of the responsive documents identified in item 1 above.
A list of all individuals who had access to the records identified in items 1 and 2 above during Eric Adams' tenure with the New York City Police Department.
As a member of the public, I have a right to access these records to gain a better understanding of the professional conduct and performance of now Mayor Eric Adams during his time with the New York City Police Department.
Please be advised that any attempt to withhold, redact, or destroy information related to this request will result in legal action and complaint. The failure to comply with FOIL is a serious matter and can result in both criminal and civil penalties. Therefore, I strongly urge you to comply with this request in a timely and complete manner.
Last, I would like to bring to your attention the case law supporting my request:
New York City Administrative Code Section 14-151 (a) requires the New York Police Department to maintain records of all complaints and allegations of police misconduct, including records of investigations and findings.
New York State Committee on Open Government, Advisory Opinion #2016-4 (2016) states that police body-worn camera footage is presumptively available under FOIL.
Matter of Fappiano v. New York City Police Department, 95 A.D.3d 981 (2d Dep't 2012) held that "FOIL represents a strong policy in favor of open government, and its exemptions must be narrowly construed."
New York Times Co. v. U.S. Dep't of Justice, 756 F.3d 100, 117 (2d Cir. 2014) (holding that "the public has a vital interest in information regarding the operations of its government" and that the FOIA "embodies the basic principle that an informed citizenry is essential to democracy").
Matter of DaimlerChrysler Corp. v. Spitzer, 7 N.Y.3d 653, 663 (2006) (stating that "FOIL, like FOIA, reflects a strong policy in favor of open government, and its exemptions must be narrowly construed").
Please note that any attempt to withhold, redact, or destroy information related to this request will result in legal action and complaint.
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,
Good Citizen
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Good Citizen
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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-2023-056-07492. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492)
From: New York City Police Department
The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2023-056-07492. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492) You can expect a response on or about Friday, August 18, 2023.
Additional Information: Your request has been assigned to Police Officer Lao (646-610-6430).
Please visit FOIL-2023-056-07492 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on April 4, 2023. You had previously indicated that it would be completed on Aug. 18, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-056-07492.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
The New York City Police Department (NYPD) has extended the time to respond to your FOIL request FOIL-2023-056-07492 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492) You can expect a response on or about Thursday, November 30, 2023.
Additional Information:
This Foil request is processed and currently being reviewed by the Supervisor.
Please visit FOIL-2023-056-07492 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492)
From: New York City Police Department
The New York City Police Department (NYPD) has responded to your FOIL request FOIL-2023-056-07492 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.
* Record 1: Adams_Eric_81474-05_1_1.pdf (https://a860-openrecords.nyc.gov/response/3209279)
* Record 2: Case_M05-1867_Case_Folder_Attachments_Closing_Report_Redacted_1.pdf (https://a860-openrecords.nyc.gov/response/3209280)
Please visit FOIL-2023-056-07492 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492)
From: New York City Police Department
The New York City Police Department (NYPD) has closed your FOIL request FOIL-2023-056-07492 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-07492)
Redactions have been made to the document(s) in that release of information would represent an unwarranted invasion of personal privacy {§ 87.2 (b)}. Your request under the Freedom of Information Law (FOIL) has been reviewed and the documents you requested have been posted on the OpenRecords portal.
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: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2023-056-07492%20-%20Appeal)