NY State Senate Bill 2019-S4213

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Mar 04, 2019	referred to codes

2019-S4213 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Amd §50-a, Civ Rts L
Versions Introduced in 2017-2018 Legislative Session:: S6826

2019-S4213 (ACTIVE) - Summary

Relates to personnel records of certain law enforcement officers and other public employees; authorizes the disclosure of personnel records under certain circumstances.

2019-S4213 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4213

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the civil rights law, in relation to
personnel records of certain law enforcement officers and other public
employees

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend Civil Rights Law section 50-a to provide for the
disclosure, in certain circumstances, of certain disciplinary records of
police, fire, correction and probation officers. The amendment would
provide that, for an "administrative disciplinary process," certain
records used in or created because of that process, defined as "public
disciplinary records," would be freely disclosable following the conclu-
sion of the process, unless law prohibits such disclosure.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Sections 50-a of the civil rights law by chapter 516
of the laws of 2014 to read all personnel records of police officers,

firefighters and correction officers, except as provided for in subdivi-
sions five and six of this section, used to evaluate performance toward
continued employment or promotion confidential and not subject to
inspection or review without the express written consent of such police
officer, firefighter, paramedic, correction officer, or peace officer
within the department of corrections and community supervision or
probation department except as may be mandated by lawful court order.

Section 1(2): Prior to issuing a court order the judge must review all
requests and give parties the opportunity to be heard. Orders can only
be issued if there are sufficient facts to warrant the judge to request
records for review.

Section 1(3): If there is sufficient basis for review records, judge
will request a sealed copy. If there is relevant material in the
records, that material only will be made available to the court and
those persons requesting the information.

Section 1(4): Definitions

Section 1(5): Public disciplinary records shall be subject to subdivi-
sions one, two, and three of this section only until the conclusion of
the disciplinary process. After public disciplinary records shall be
subject to subdivision seven of this section. After the completion of
the disciplinary process, the records may be disclosed to the public
unless otherwise prohibited by law. Access to these records cannot be
denied if requested under article six of the public officers law.

Section 1(6): Notwithstanding subdivision one of this section, any
recommending agency may disclose the following information to the
complainant or alleged victim of any act by a covered employee giving
rise to a complaint

(a)Employee's name

(b)Recommendations regarding disposition and discipline made by any
recommending agency

(c)Final disposition and disciplinary action taken if any

Section 1(7): After the conclusion of an administrative disciplinary
process, public disciplinary records may not be used in litigation
except as may be mandated by court order.

Section 2: Effective Date

 
JUSTIFICATION:

Currently 50-a of the Civil Rights Law, does not sufficiently serve the
public's interest in transparency and accountability for those in posi-
tions of public trust. This legislative proposal would amend section
50-a to make important disciplinary information and records about
certain law enforcement personnel, including police officers, and
certain other public employees subject to disclosure.

Civil Rights Law § 50-a currently designates as confidential all person-
nel records of certain law enforcement personnel, including police offi-
cers, and certain other public employees that are used to evaluate
performance toward continued employment or promotion. Under the law,
such personnel records, including disciplinary records, cannot be used
in litigation or otherwise disclosed without court approval or the
express written consent of the employee to whom the records pertain.

This proposed amendment to section 50-a would provide the transparency
the public deserves with regard to disciplinary records of covered law
enforcement officers and other public employees. In addition, making
information about disciplinary proceedings public will help our most
critical public servants, such as police officers and firefighters,
build trust with the community. The proposed amendment would achieve
these goals while also addressing competing administrative and privacy
concerns and ensuring fairness.

The amendment would provide that, once the administrative disciplinary
process has concluded for a covered law enforcement officer or other
public employee, critical information that constitutes the core record
of that process would be subject to disclosure under the Freedom of
Information Law. In addition, employing agencies would be able to post
or release such information voluntarily, and the complainant or alleged
victim of an act by a covered law enforcement officer or other public
employee could be given certain information regarding the outcome of the
complaint. The amendment would thus ensure that the public has access to
a fair picture of the disciplinary process, allowing the employing agen-
cy to be held accountable for the fairness and accuracy of that process,
both in individual cases and in general.

The remaining documents contained in the personnel files of covered law
enforcement officers and other public employees would remain confiden-
tial under the amendment and subject to current restrictions on disclo-
sure. Many personnel records, including those in investigative files
related to discipline, contain substantial personal, confidential, or
otherwise nondisclosable information that would have to be redacted if
the records were disclosed. By maintaining the confidentiality of docu-
ments that fall outside the core record of the disciplinary process, the
amendment would balance the public's right to know with the legitimate
privacy interests of covered employees and others whose identifying
information may appear in disciplinary records, as well as with the
security interests of the employing agency. It would also account for
the administrative burden that the redaction of records would place on
agencies serving critical public safety functions.

A primary concern of the Legislature in enacting section 50-a was the
potential use of disciplinary records to harass law enforcement officers
appearing as witnesses in litigation. The proposed amendment would
address this concern by maintaining current restrictions on the use of
disciplinary records in litigation, including those disciplinary
records, which would be subject to disclosure under FOIL.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S6826 - referred to Codes
2015-16: New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.
will take effect on the 30th day.

2019-S4213 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4213
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to  personnel  records
   of certain law enforcement officers and other public employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 50-a of the civil rights law, as amended by chapter
 778 of the laws of 1981, the section heading as amended by  chapter  757
 of  the  laws of 1986 and subdivision 1 as amended by chapter 516 of the
 laws of 2014, is amended to read as follows:
   §  50-a.  Personnel  records  of  police  officers,  firefighters  and
 correction  officers.  1.  [All]  EXCEPT AS PROVIDED FOR IN SUBDIVISIONS
 FIVE AND SIX OF THIS SECTION, ALL personnel  records  used  to  evaluate
 performance  toward continued employment or promotion, under the control
 of any police agency or department of the state or any political  subdi-
 vision  thereof  including  authorities  or  agencies maintaining police
 forces of individuals defined as police officers in section 1.20 of  the
 criminal procedure law and such personnel records under the control of a
 sheriff's  department  or  a  department  of  correction  of individuals
 employed as correction officers and such  personnel  records  under  the
 control  of  a  paid fire department or force of individuals employed as
 firefighters or firefighter/paramedics and such personnel records  under
 the  control  of the department of corrections and community supervision
 for individuals defined as peace officers pursuant to subdivisions twen-
 ty-three and twenty-three-a of section 2.10 of  the  criminal  procedure
 law  and such personnel records under the control of a probation depart-
 ment for individuals defined as peace officers pursuant  to  subdivision
 twenty-four  of  section  2.10  of  the  criminal procedure law shall be
 considered confidential and not subject to inspection or review  without
 the  express  written  consent  of  such  police  officer,  firefighter,
 firefighter/paramedic, correction officer or peace  officer  within  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09527-01-9

 S. 4213                             2
 
 department of corrections and community supervision or probation depart-
 ment  except  as  may  be  mandated by lawful court order AS PROVIDED IN
 SUBDIVISIONS TWO AND THREE OF THIS SECTION.
   2.  Prior  to  issuing such court order the judge must review all such
 requests and give interested parties the opportunity  to  be  heard.  No
 such  order  shall  issue without a clear showing of facts sufficient to
 warrant the judge to request records for review.
   3. If, after such hearing, the judge concludes there is  a  sufficient
 basis  he  shall  sign  an order requiring that the personnel records in
 question be sealed and sent directly to him. He shall  then  review  the
 file and make a determination as to whether the records are relevant and
 material  in  the action before him. Upon such a finding the court shall
 make those parts of the record found to be relevant and material  avail-
 able to the persons so requesting.
   4.    AS  USED  IN  THIS  SECTION,  THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "COVERED EMPLOYEE" MEANS ANY INDIVIDUAL WHOSE PERSONNEL RECORDS ARE
 SUBJECT TO SUBDIVISION ONE OF THIS SECTION.
   B. "EMPLOYING AGENCY" MEANS AN AGENCY THAT EMPLOYS A COVERED EMPLOYEE.
   C. "RECOMMENDING AGENCY" MEANS ANY GOVERNMENT AGENCY OR BODY  THAT  IS
 NOT  AUTHORIZED  TO  IMPOSE  DISCIPLINE  ON  A  COVERED EMPLOYEE, BUT IS
 AUTHORIZED TO MAKE RECOMMENDATIONS RELATED TO IMPOSING DISCIPLINE  ON  A
 COVERED EMPLOYEE.
   D.  "PUBLIC DISCIPLINARY RECORDS" MEANS ANY OF THE FOLLOWING PERSONNEL
 RECORDS OF A COVERED EMPLOYEE, WHEN USED IN OR CREATED AS  A  RESULT  OF
 ANY  ADMINISTRATIVE  DISCIPLINARY PROCESS, WHETHER INITIATED BY CIVILIAN
 COMPLAINT OR OTHERWISE:
   (1) THE COMPLAINTS, ALLEGATIONS, AND CHARGES;
   (2) THE NAME OF THE COVERED EMPLOYEE COMPLAINED OF OR CHARGED;
   (3) THE FINAL DISPOSITION OF ANY COMPLAINTS, ALLEGATIONS, AND  CHARGES
 AGAINST A COVERED EMPLOYEE, AND THE FINAL DISCIPLINE IMPOSED OR THE FACT
 THAT NO DISCIPLINE WAS IMPOSED;
   (4) THE TRANSCRIPT OF ANY DISCIPLINARY TRIAL OR HEARING, INCLUDING ANY
 EXHIBITS INTRODUCED AT SUCH TRIAL OR HEARING;
   (5)  THE  FINAL  WRITTEN  OPINION  OR  MEMORANDUM SUPPORTING THE FINAL
 DISPOSITION AND FINAL DISCIPLINE IMPOSED  AND  CONTAINING  AN  EMPLOYING
 AGENCY'S  COMPLETE  FACTUAL FINDINGS AND ITS ANALYSIS OF THE CONDUCT AND
 APPROPRIATE DISCIPLINE OF THE COVERED EMPLOYEE; AND
   (6) THE FINAL WRITTEN MEMORANDUM CONTAINING THE COMPLETE FACTUAL FIND-
 INGS, ANALYSIS, AND RECOMMENDATIONS REGARDING  DISPOSITION,  DISCIPLINE,
 OR  ANY OTHER ASPECT OF THE ADMINISTRATIVE DISCIPLINARY PROCESS, MADE BY
 A RECOMMENDING AGENCY.
   E. "ADMINISTRATIVE DISCIPLINARY PROCESS" MEANS A PROCESS THAT INCLUDES
 ANY OF THE FOLLOWING:
   (1) THE FORMAL SERVICE OF CHARGES AND SPECIFICATIONS AGAINST A COVERED
 EMPLOYEE; OR
   (2) A RECOMMENDATION OF CHARGES AND SPECIFICATIONS BY  A  RECOMMENDING
 AGENCY; OR
   (3)  REGARDLESS  OF  WHETHER  CHARGES AND SPECIFICATIONS ARE SERVED OR
 RECOMMENDED, EITHER A RECOMMENDATION BY A RECOMMENDING AGENCY OR ACCEPT-
 ANCE BY A COVERED EMPLOYEE OF ANY PUNISHMENT, NOT  INCLUDING  RETRAINING
 OR  EDUCATION,  PROVIDED  THAT  THE  ADMINISTRATIVE DISCIPLINARY PROCESS
 RESULTS FROM A USE OF FORCE, ENTRY  OR  SEARCH  OF  PREMISES,  OR  STRIP
 SEARCH.
   THE  ADMINISTRATIVE  DISCIPLINARY PROCESS SHALL BE DEEMED TO ENCOMPASS
 ALL PARTS OF SUCH PROCESS, INCLUDING ANY  THAT  MAY  PRECEDE  THE  STEPS

 S. 4213                             3
 
 SPECIFIED IN SUBPARAGRAPHS ONE, TWO AND THREE OF THIS PARAGRAPH, INCLUD-
 ING BUT NOT LIMITED TO, THE FILING OF A CIVILIAN COMPLAINT. THE ADMINIS-
 TRATIVE  DISCIPLINARY  PROCESS  SHALL  BE  DEEMED CONCLUDED WHEN A FINAL
 DISPOSITION  HAS BEEN ISSUED BY THE AGENCY, BODY, OR OFFICIAL AUTHORIZED
 TO IMPOSE DISCIPLINE ON  THE  COVERED  EMPLOYEE,  OR  WHEN  THE  COVERED
 EMPLOYEE RETIRES, RESIGNS, OR IS OTHERWISE SEPARATED FROM THE EMPLOYMENT
 OF THE AGENCY, WHICHEVER IS SOONER.
   5.  PUBLIC  DISCIPLINARY RECORDS SHALL BE SUBJECT TO SUBDIVISIONS ONE,
 TWO AND THREE OF THIS SECTION ONLY UNTIL THE CONCLUSION OF THE  ADMINIS-
 TRATIVE DISCIPLINARY PROCESS. AFTER THE CONCLUSION OF THE ADMINISTRATIVE
 DISCIPLINARY  PROCESS,  SUCH  PUBLIC  DISCIPLINARY  RECORDS SHALL NOT BE
 SUBJECT TO SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION, AND  INSTEAD
 SHALL BE SUBJECT TO SUBDIVISION SEVEN OF THIS SECTION. AFTER THE CONCLU-
 SION  OF THE ADMINISTRATIVE DISCIPLINARY PROCESS, AN AGENCY MAY PUBLICLY
 DISCLOSE SUCH PUBLIC DISCIPLINARY  RECORDS  UNLESS  SUCH  DISCLOSURE  IS
 PROHIBITED  BY LAW, AND MAY NOT DENY A REQUEST FOR SUCH PUBLIC DISCIPLI-
 NARY RECORDS MADE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS  LAW  ON  THE
 BASIS  OF  THIS  SECTION OR ON THE BASIS OF PARAGRAPH (G) OF SUBDIVISION
 TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
   6.  NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY  RECOMMENDING
 AGENCY  MAY  DISCLOSE  THE  FOLLOWING  INFORMATION TO THE COMPLAINANT OR
 ALLEGED VICTIM OF ANY ACT  BY  A  COVERED  EMPLOYEE  GIVING  RISE  TO  A
 COMPLAINT:  A.  THE  COVERED  EMPLOYEE'S  NAME;  B.  THE RECOMMENDATIONS
 REGARDING DISPOSITION AND DISCIPLINE MADE BY  ANY  RECOMMENDING  AGENCY;
 AND  C.  THE FINAL DISPOSITION AND DISCIPLINARY ACTION TAKEN, IF ANY, BY
 THE EMPLOYING AGENCY. TO THE EXTENT INFORMATION  DISCLOSED  PURSUANT  TO
 THIS  SUBDIVISION  IS NOT A PUBLIC DISCIPLINARY RECORD, SUCH INFORMATION
 SHALL BE CONSIDERED CONFIDENTIAL IN ACCORDANCE WITH SUBDIVISION  ONE  OF
 THIS SECTION.
   7.  AFTER  THE  CONCLUSION  OF AN ADMINISTRATIVE DISCIPLINARY PROCESS,
 PUBLIC DISCIPLINARY RECORDS MAY NOT BE USED IN LITIGATION EXCEPT AS  MAY
 BE  MANDATED  BY COURT ORDER. PRIOR TO ISSUING ANY SUCH ORDER, THE COURT
 SHALL CONDUCT AN IN CAMERA REVIEW OF SUCH RECORDS AND  GIVE  ALL  INTER-
 ESTED  PARTIES,  INCLUDING  THE  SUBJECT  OF  SUCH  PUBLIC  DISCIPLINARY
 RECORDS, NOTICE AND AN OPPORTUNITY TO BE HEARD. IF, AFTER  SUCH  HEARING
 AND  REVIEW,  THE COURT DETERMINES THAT ANY OF SUCH RECORDS ARE RELEVANT
 AND MATERIAL TO THE ACTION BEFORE IT  AND  THAT  THEIR  PROBATIVE  VALUE
 OUTWEIGHS  THEIR PREJUDICIAL EFFECT IN SUCH ACTION, THEN IT SHALL PERMIT
 THE USE IN SUCH ACTION OF ONLY THOSE RECORDS AS TO WHICH SUCH A  FINDING
 WAS MADE.  THE USE OF SUCH RECORDS IN LITIGATION SHALL REMAIN SUBJECT TO
 ANY OTHER APPLICABLE PROVISION OF LAW GOVERNING SUCH USE.
   8.  The  provisions  of  this  section shall not apply to any district
 attorney or his assistants, the attorney  general  or  his  deputies  or
 assistants,  a  county  attorney or his deputies or assistants, a corpo-
 ration counsel or his deputies or assistants, a  town  attorney  or  his
 deputies  or  assistants,  a village attorney or his deputies or assist-
 ants, a grand jury, or any  agency  of  government  which  requires  the
 records described in subdivision one OF THIS SECTION, in the furtherance
 of their official functions.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S4213

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S4213 (ACTIVE) - Details

2019-S4213 (ACTIVE) - Summary

2019-S4213 (ACTIVE) - Sponsor Memo

2019-S4213 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2019-S4213 (ACTIVE) - Details

2019-S4213 (ACTIVE) - Summary

2019-S4213 (ACTIVE) - Sponsor Memo

2019-S4213 (ACTIVE) - Bill Text download pdf

Comments