Police department misconduct allegations and disciplinary proceedings
It is a clone of this request.
| Submitted | June 18, 2020 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
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
From: City of Poughkeepsie Police Department
The Freedom of Information Law (FOIL) requires the information access officer acknowledges receipt of your request for documents within five days.
This City Chamberlain’s Office has received your FOIL, and will be sending your request to the appropriate parties. To the extent that the departments are in possession of documents responsive to your request, same will be provided within 30 days.
Catherine A. Scivolette
City of Poughkeepsie
Registrar
(845) 451-4202
www.cityofpoughkeepsie.com<http://www.cityofpoughkeepsie.com>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: City of Poughkeepsie Police Department
MuckRock News,
Be advised that the City of Poughkeepsie Police Department is in receipt of your records request. Please note that the requested information will take longer than usual to compile due to the recent law change and personnel shortage. I anticipate having the records available on or before October 6, 2020.
Joseph M. Herring
Police Administrative Sergeant
62 Civic Center Plaza
Poughkeepsie, New York 12601
Phone: (845) 451-4198
Fax: (845) 451-4156
Email: Jherring@CityofPoughkeepsie.com
This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. Under no circumstances should any information in this email be disseminated to media sources, or put out to social media sites.
From: City of Poughkeepsie Police Department
Dear MuckRock News:
On or about June 18, 2020, you submitted a FOIL request via email to Sergeant Joseph Herring of the City of Poughkeepsie Police Department. On July 6, 2020, Sgt. Herring verified receipt of same and stated that the anticipated date for having the relevant records available for review was on or before September 22, 2020.
Please be advised that the Poughkeepsie Police Department is still processing the above-mentioned FOIL request and will need approximately sixty (60) additional days to continue locating, gathering, and reviewing the requested documents before approval for their release as permitted by §89(3)(a) of the Freedom of Information Law.
According to §89(4), you have a right to appeal the determinations made herein. If so, please make your appeal in writing to Brian Martinez, Freedom of Information Appeals Officer, and address same to:
City of Poughkeepsie
Brian Martinez, FOIA Officer
62 Civic Center Plaza
Poughkeepsie, NY 12601
Joseph M. Herring
Police Administrative Sergeant
62 Civic Center Plaza
Poughkeepsie, New York 12601
Phone: (845) 451-4198
Fax: (845) 451-4156
Email: Jherring@CityofPoughkeepsie.com
This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. Under no circumstances should any information in this email be disseminated to media sources, or put out to social media sites.
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 June 18, 2020. You had previously indicated that it would be completed on Oct. 6, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: City of Poughkeepsie Police Department
MuckRock News,
I sent an email communicating the need for 60 additional days in regards to your FOIL request. That reply is part of this email stream, just below your most recent message to me.
Joseph M. Herring
Police Administrative Sergeant
62 Civic Center Plaza
Poughkeepsie, New York 12601
Phone: (845) 451-4198
Fax: (845) 451-4156
Email: Jherring@CityofPoughkeepsie.com
This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. Under no circumstances should any information in this email be disseminated to media sources, or put out to social media sites.
-
image001
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 June 18, 2020. You had previously indicated that it would be completed on Oct. 6, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: City of Poughkeepsie Police Department
To whom it may concern,
My response to your previous request for an update is listed below in this email chain. That request was on 10/06/20 and I replied on the same date.
Joseph M. Herring
Police Administrative Sergeant
62 Civic Center Plaza
Poughkeepsie, New York 12601
Phone: (845) 451-4198
Fax: (845) 451-4156
Email: Jherring@CityofPoughkeepsie.com
This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. Under no circumstances should any information in this email be disseminated to media sources, or put out to social media sites.
-
image001
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 June 18, 2020. You had previously indicated that it would be completed on Oct. 6, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
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 June 18, 2020. You had previously indicated that it would be completed on Oct. 6, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
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 June 18, 2020. You had previously indicated that it would be completed on Oct. 6, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: City of Poughkeepsie Police Department
MuckRock News,
The City of Poughkeepsie Police will need a 90 day extension on this FOIL. Thank you.
Joseph M. Herring
Police Administrative Sergeant
62 Civic Center Plaza
Poughkeepsie, New York 12601
Phone: (845) 451-4198
Fax: (845) 451-4156
Email: Jherring@CityofPoughkeepsie.com
This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. Under no circumstances should any information in this email be disseminated to media sources, or put out to social media sites.
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 June 18, 2020. You had previously indicated that it would be completed on Oct. 6, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: City of Poughkeepsie Police Department
MuckRock News,
The foil request dated June 18, 2020 has been completed. The information is being sent in two parts. This is part 1.
A person denied access has the right to appeal. Please note that requests for appeals must be made in writing within 30 days of the denial to the Appeals Officer, who is the Finance Commissioner. Mail your request to:
City of Poughkeepsie, City Chamberlain
62 Civic Center Plaza
Poughkeepsie, New York, 12601
Fax (845) 451-4239
Joseph M. Herring
Police Administrative Sergeant
62 Civic Center Plaza
Poughkeepsie, New York 12601
Phone: (845) 451-4198
Fax: (845) 451-4156
Email: Jherring@CityofPoughkeepsie.com<mailto:Jherring@CityofPoughkeepsie.com>
This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. Under no circumstances should any information in this email be disseminated to media sources, or put out to social media sites.
-
image001
From: City of Poughkeepsie Police Department
MuckRock News,
This is the second part of the FOIL request.
Joseph M. Herring
Police Administrative Sergeant
62 Civic Center Plaza
Poughkeepsie, New York 12601
Phone: (845) 451-4198
Fax: (845) 451-4156
Email: Jherring@CityofPoughkeepsie.com
This e-mail, including any attachments, may contain highly sensitive and confidential information. It is intended only for the individual(s) named. If you received this e-mail in error or from someone who was not authorized to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e-mail and delete the e-mail from your system. Under no circumstances should any information in this email be disseminated to media sources, or put out to social media sites.
Files
pages