Police department misconduct allegations and disciplinary proceedings
| Submitted | June 17, 2020 |
This request was filed by Beryl Lipton through MuckRock, a non-profit organization that helps journalists, researchers, and the public file, track, and share records requests. You may follow up directly with the requester by following the prompts below. Should this request be directed elsewhere? Have you already responded? Click Get Help above and let us know, or reach our team directly at info@muckrock.com . Frequently asked questions about MuckRock.
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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: 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 17, 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: Coxsackie Village Police Department
From: mevans@statetel.com <mevans@statetel.com>
Sent: Thursday, June 18, 2020 11:43 AM
To: 95979-65546657@ <requests.muckrock.com requests@muckrock.com>
Cc: Nikki Bereznak - Village of Coxsackie <nbereznak@villageofcoxsackie.com>
Subject: FOIL Request
Dear Beryl Lipton,
As my initial response. I have received your FOIL request and our attorney is reviewing it.
We are very small Village of 2,800 people with a small part-time police force. None of our records dating back to back to 1970 are electronic so it will take quite a bit of time beyond 5 days.
Additionally as soon as we see our esteemed Governor of New York make available the files for the New York State Police we will be happy to comply along the lines in which theirs are made available.
Thank-you.
Mark
Mark R. Evans
Mayor
Village of Coxsackie, N.Y.
119 Mansion St.
Coxsackie, NY 12051
mayor@villageofcoxsackie.com<mailto:mayor@villageofcoxsackie.com>
Cell - 518-441-8665
Village Hall - 518-731-2718
From: requests@muckrock.com<mailto:requests@muckrock.com> <requests@muckrock.com<mailto:requests@muckrock.com>>
Sent: Wednesday, June 17, 2020 2:19 AM
To: Nikki Bereznak - Village of Coxsackie <nbereznak@villageofcoxsackie.com<mailto:nbereznak@villageofcoxsackie.com>>
Subject: New York Freedom of Information Law Request: Police department misconduct allegations and disciplinary proceedings
Coxsackie Village Police Department
FOIL Office
119 Mansion Street
Coxsackie, NY 12051
June 17, 2020
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
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://accounts.muckrock.com/accounts/login/?url_auth_token=AAB8llLUXUmqM11AXSYAAniqjR0%3A1jlRPd%3ABU8RZIJZ15jvzL2nERop2WNyUkc&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fcoxsackie-village-police-department-21761%252Fpolice-department-misconduct-allegations-and-disciplinary-proceedings-95979%252F%253Femail%253DNBereznak%252540villageofcoxsackie.com
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For mailed responses, please address (see note):
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
From: Coxsackie Village Police Department
June 24, 2020
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIL Request
Dear Mr. Lipton:
I am in receipt of your FOIL requested dated June 17, 2020 requesting 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.
These files will be provided via email in an electronic file as requested within 30 days from our initial response on June 18, 2020.
Sincerely yours,
Nikki Bereznak – Clerk
Village of Coxsackie
http://www.villageofcoxsackie.com/
119 Mansion St.
Coxsackie, NY12051
p: 518-731-2718 hit 1 for Clerks office.
f: 518-731-2231
e: clerk@villageofcoxsackie.com/<mailto:clerk@villageofcoxsackie.com/>
=============Internet Email Confidentiality Statement=============
Information contained in this e-mail message is intended only for the use of the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please kindly destroy it and notify the sender immediately by reply e-mail.
Thank you for your cooperation, Village of Coxsackie.
================Village of Coxsackie=========================
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 17, 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: 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 17, 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: Coxsackie Village Police Department
July 24, 2020
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIL Request
Dear Mr. Lipton:
Thank you for your inquiry concerning your June 17th FOIL request. We continue to review our files for responsive records. Given the breadth of the request and the multiple decades covered, additional time is required. We anticipate being able to notify you regarding the availability of the records requested on or before August 24th, 2020.
Sincerely yours,
Nikki Bereznak – Clerk
Village of Coxsackie
http://www.villageofcoxsackie.com/
119 Mansion St.
Coxsackie, NY12051
p: 518-731-2718 hit 1 for Clerks office.
f: 518-731-2231
e: clerk@villageofcoxsackie.com/<mailto:clerk@villageofcoxsackie.com/>
=============Internet Email Confidentiality Statement=============
Information contained in this e-mail message is intended only for the use of the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please kindly destroy it and notify the sender immediately by reply e-mail.
Thank you for your cooperation, Village of Coxsackie.
================Village of Coxsackie=========================
From: Coxsackie Village Police Department
An interim response, stating the request is being processed.
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 17, 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: Coxsackie Village Police Department
August 24, 2020
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIL Request
Dear Mr. Lipton:
Thank you for your inquiry concerning your June 17th FOIL request. We continue to review our files for responsive records. Given the breadth of the request and the multiple decades covered, additional time is required. We anticipate being able to notify you regarding the availability of the records requested on or before September 21st, 2020.
Sincerely yours,
Nikki Bereznak – Clerk
Village of Coxsackie
http://www.villageofcoxsackie.com/
119 Mansion St.
Coxsackie, NY12051
p: 518-731-2718 hit 1 for Clerks office.
f: 518-731-2231
e: clerk@villageofcoxsackie.com/<mailto:clerk@villageofcoxsackie.com/>
=============Internet Email Confidentiality Statement=============
Information contained in this e-mail message is intended only for the use of the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please kindly destroy it and notify the sender immediately by reply e-mail.
Thank you for your cooperation, Village of Coxsackie.
================Village of Coxsackie=========================
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 17, 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: 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 17, 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: Coxsackie Village Police Department
September 25, 2020
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIL Request
Dear Mr. Lipton:
Thank you for your inquiry concerning your June 17th FOIL request. We continue to review our files for responsive records. Given the breadth of the request and the multiple decades covered, additional time is required. We anticipate being able to notify you regarding the availability of the records requested on or before October 23, 2020.
Sincerely yours,
Nikki Bereznak – Clerk
Village of Coxsackie
http://www.villageofcoxsackie.com/
119 Mansion St.
Coxsackie, NY12051
p: 518-731-2718 hit 1 for Clerks office.
f: 518-731-2231
e: clerk@villageofcoxsackie.com/<mailto:clerk@villageofcoxsackie.com/>
=============Internet Email Confidentiality Statement=============
Information contained in this e-mail message is intended only for the use of the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please kindly destroy it and notify the sender immediately by reply e-mail.
Thank you for your cooperation, Village of Coxsackie.
================Village of Coxsackie=========================
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 17, 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: 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 17, 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: Coxsackie Village Police Department
October 26, 2020
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIL Request
Dear Mr. Lipton:
Thank you for your inquiry concerning your June 17th FOIL request. We continue to review our files for responsive records. Given the breadth of the request and the multiple decades covered, additional time is required. We anticipate being able to notify you regarding the availability of the records requested on or before November 23, 2020.
Sincerely yours,
Nikki Bereznak – Clerk
Village of Coxsackie
http://www.villageofcoxsackie.com/
119 Mansion St.
Coxsackie, NY12051
p: 518-731-2718<tel:518-731-2718> hit 1 for Clerks office.
f: 518-731-2231<tel:518-731-2231>
e: clerk@villageofcoxsackie.com<mailto:clerk@villageofcoxsackie.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 17, 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: Coxsackie Village Police Department
November 23, 2020
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIL Request
Dear Mr. Lipton:
Thank you for your inquiry concerning your June 17th FOIL request. We continue to review our files for responsive records. Given the breadth of the request and the multiple decades covered, additional time is required. We anticipate being able to notify you regarding the availability of the records requested on or before December 21, 2020.
Sincerely yours,
Nikki Bereznak – Clerk
Village of Coxsackie
http://www.villageofcoxsackie.com/
119 Mansion St.
Coxsackie, NY12051
p: 518-731-2718 hit 1 for Clerks office.
f: 518-731-2231
e: clerk@villageofcoxsackie.com/<mailto:clerk@villageofcoxsackie.com/>
=============Internet Email Confidentiality Statement=============
Information contained in this e-mail message is intended only for the use of the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please kindly destroy it and notify the sender immediately by reply e-mail.
Thank you for your cooperation, Village of Coxsackie.
================Village of Coxsackie=========================
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 17, 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:
Nikki,
Have these people answered even one of your replies?
Mark
Mark R. Evans
Mayor
Village of Coxsackie, N.Y.
119 Mansion St.
Coxsackie, NY 12051
mayor@villageofcoxsackie.com <mailto:mayor@villageofcoxsackie.com>
Cell – 518-441-8665
Village Hall – 518-731-2718
From: Coxsackie Village Police Department
The request has been rejected by the agency.
From: Coxsackie Village Police Department
December 23, 2020
MuckRock News
DEPT MR 95979
411A Highland Ave
Somerville, MA 02144-2516
Re: FOIL Request
Dear Mr. Lipton:
Attached please find a letter regarding your FOIL request. One has also been sent via regular USPS.
Please let me know if you have any questions.
Sincerely yours,
Nikki Bereznak – Clerk
Village of Coxsackie
http://www.villageofcoxsackie.com/
119 Mansion St.
Coxsackie, NY12051
p: 518-731-2718 hit 1 for Clerks office.
f: 518-731-2231
e: clerk@villageofcoxsackie.com/<mailto:clerk@villageofcoxsackie.com/>
=============Internet Email Confidentiality Statement=============
Information contained in this e-mail message is intended only for the use of the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please kindly destroy it and notify the sender immediately by reply e-mail.
Thank you for your cooperation, Village of Coxsackie.
================Village of Coxsackie=========================
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