Search This Blog

Tuesday, June 2, 2020


  
COMPILATION AND COMMENTARY
BY LUCY WARNER
JUNE 2, 2020

I HAVE BEEN LISTENING TO GOVERNOR ANDREW CUOMO OF NEW YORK FOR THE DURATION OF THIS CORONA-19 PANDEMIC BECAUSE HE SPEAKS SLOWLY, CLEARLY AND INTELLIGENTLY. HE DOES NOT BLUSTER OR DODGE ISSUES. HE IS A LEADER. I DON’T LIKE TWO THINGS THAT I KNOW NOW ABOUT HIM WHICH MIGHT STAND IN HIS PATH IF HE WERE TO RUN FOR THE PRESIDENCY OF THE UNITED STATES, BUT OTHERWISE I’M PRETTY IMPRESSED WITH HIM. 

HE, BY THE WAY, IS OPENLY ENCOURAGING THE PASSING OF A MEASURE TO OVERTURN THE LAW BANNING THE RELEASE OF POLICE PERSONNEL RECORDS IN CASES OF ABUSE OF POWER OR WORSE. THE OFFICER IN THIS RECENT MURDER HAS, ACCORDING TO THE PRESS, 17 PRIOR COMPLAINTS AGAINST HIM AND WAS ONLY CHARGED AND DISCIPLINED ON TWO OF THEM. THAT IS COMPLICITY FROM THOSE IN SUPERVISION ABOVE HIM; AND SAD TO SAY, IT ISN’T AN UNUSUAL SITUATION.  

WHAT I DON'T LIKE ABOUT CUOMO IS A RUMORED MONETARY SCANDAL, SOMETHING THAT I DON’T THINK SHOULD BE CONDONED THOUGH I DON'T KNOW THE DETAILS, AND JUST RECENTLY THERE WAS HIS SIGNING OF A BUDGET INCLUDING A CLAUSE PURPOSED TO PREVENT SENATOR BERNIE SANDERS, ENTREPRENEUR ANDREW YANG, AND REPRESENTATIVE TULSI GABBARD FROM ACCRUING DELEGATES TO THE DEMOCRATIC CONVENTION BY THE MEANS OF LEAVING THEIR NAMES ON THE BALLOT ON ALL STATES FOR THE PRIMARY ELECTION AND THEN ACTUALLY CANCELLING THE NEW YORK PRIMARY ENTIRELY. THAT IS A POLITICAL MOVE RATHER THAN MERELY A PRACTICAL ONE, SINCE AN ALL-MAIL ELECTION IS LEGAL AND COULD BE USED TO PREVENT THE SPREAD OF COVID-19 – HIS EXCUSE FOR DROPPING THE PROGRESSIVE DEMOCRATS FROM THE BALLOT IN NEW YORK. 

DURING TODAY’S PRESS BRIEFING HE IS ADDRESSING THE CITY VIOLENCE THAT IS AFFECTING SO MANY MUNICIPALITIES ACROSS THE NATION DUE TO THE KILLING, AGAIN, OF A BLACK NON-VIOLENT MAN FOR ANOTHER SUSPECTED CRIME, WHICH WAS FILMED BY SEVERAL DIFFERENT BYSTANDERS AND THEN RELEASED TO THE PUBLIC. THE ACTION OF THE POLICE OFFICER WAS IN FLAGRANT DISREGARD OF ALL LOGIC AND EVEN POLICE TRAINING. HE KILLED THE MAN BY PLACING HIM ON HIS STOMACH, A POSITION THAT MAKES BREATHING DIFFICULT, AND PUTTING HIS KNEE ON THE MAN’S NECK. THAT METHOD OF SUBDUING A SUSPECT, LIKE THE CHOKEHOLD, GOES AGAINST MANAGEMENT RULES. WHETHER IT IS A CRIME OR NOT USUALLY DOESN’T COME UP BECAUSE OFFICERS ARE RARELY CHARGED FOR MURDER. IN THIS CASE A CHARGE OF THIRD DEGREE MURDER WAS BROUGHT AGAINST THE POLICEMAN, WHICH TO THE FAMILY IS TOO LITTLE. THEY, UNDERSTANDABLY, WANT FIRST DEGREE MURDER TO BE APPLIED.     

DURING HIS TALK THIS MORNING GOVERNOR CUOMO MENTIONED THE NY LAW THAT FORBIDS THE OPENING OF POLICE PERSONNEL RECORDS TO THE PUBLIC, WHICH IS IMPORTANT IN THIS CASE. THE STATE LAW WHICH APPLIES IS COMMONLY REFERRED TO AS 50A, AND IS THE SUBJECT OF SEVERAL NEWS ARTICLES. I AM CURIOUS ABOUT OTHER STATES AROUND THE COUNTRY, SINCE THIS PROBLEM IS SHOWING UP IN POLICE DEPARTMENTS IN SO MANY PLACES. I HAVE PLACED SEVERAL ARTICLES HERE THAT DEAL WITH THE UNJUST KILLINGS.

THANK GOODNESS THERE IS A MORE WIDESPREAD PUBLIC CONCERN SINCE THE SHOOTING OF MICHAEL BROWN IN ST. LOUIS, AND THEN ANOTHER SIMILAR KILLING THERE JUST TWO WEEKS LATER. POLICE CLAIM THAT MAN, ALSO BLACK, THREATENED THEM WITH A STEAK KNIFE AFTER COMING WITHIN THREE OR FOUR FEET OF THE OFFICERS. VIDEO FOOTAGE PUT THE LIE TO THEIR STORY, WHICH HAPPENED JUST A FEW WEEKS LATER THAN BROWN’S DEATH. FOR THAT INSTANCE, GO TO:  https://www.youtube.com/watch?v=XUtwCHNDto4 .  

A GOODLY PORTION OF THE PUBLIC IS HIGHLY CONCERNED CURRENTLY TO EXAMINE THE RULES THAT SHIELD KILLERS WHO HAPPEN TO BE VERY CONVENIENTLY EMPLOYED ON THE POLICE FORCE. WE ARE NOT JUST A GROUP OF LEFT-WING RADICALS, AT LEAST ON THIS ISSUE, BUT CARING AND HONEST CITIZENS. I CAN ONLY HOPE THAT THE OCCURRENCES WILL REMAIN SUFFICIENTLY A MATTER OF CONCERN TO THE POPULATION IN GENERAL TO CAUSE A REPEAL OF THOSE LAWS ACROSS AMERICA.

GO TO: https://www.theguardian.com/us-news/2020/may/29/derek-chauvin-police-officer-charged-george-floyd , FOR BACKGROUND ON THIS IMPORTANT SUBJECT. THAT IS THE RECENT CASE WHICH HAS BEEN FEATURED HEAVILY IN THE NEWS, AS IT SHOULD BE.

St. Louis police shooting video leaves many shocked
832,383 views • Aug 21, 2014
UPS   3.5K    DOWNS   1K
FOX 5 DC
63.6K subscribers

New cell phone video shows the moments police shot and killed a black man in St. Louis, 10 days after Michael Brown was gunned down nearby. Police are defending their use of deadly force, but the video has left many stunned.

Kajieme Powell, a 25 year-old man, was killed by St. Louis Metro Police officers on Tuesday. Police were called by a store owner after he was suspected of shoplifting and by a woman who claimed Powell was acting erratically and armed with a knife.

The video captures the incident on tape. Powell can be seen approaching the two officers and yelling for them to shoot him, with his hands at his side. Both officers fired their weapons and can be seen handcuffing Powell's body after it feel to the ground.
Full story: http://www.myfoxdc.com/story/26339519...

Category    News & Politics




Police Law
Guide to Law Enforcement Personnel
Not date or writer given; Assumed to be currently valid as of June 2, 2020

Police Laws are those laws dealing with the regulation and code of conduct of law enforcement officials. These laws answer the question of "who polices the police?" by providing guidelines by which officers must conduct themselves and mechanisms by which law enforcement agencies can monitor their own, such as internal affairs divisions, oversight by state attorney generals, and so forth. Many of these laws deal with issues such as the use of excessive force by police officers, police misconduct, giving suspects their Miranda rights, corruption, interrogation practices, and police brutality.

Who are Considered to be "Police" Under the Law?

Police forces are usually considered to be non-military organizations that operate under the authority of the government. Their only task is to police domestic issues, not fight foreign powers overseas, which is a military function. While in the common vernacular "police" usually refer to officers of a city police department, from a broader legal standpoint "police" can often refer to any person or organization involved in law enforcement. This can include an organization authorized to operate under federal, state, or local laws. Examples of various law enforcement agencies that exercise police powers on behalf of the government include sheriffs, state troopers, city police, U.S. marshals, FBI agents, and many more.

The Role of Police in Society

The main role of police in any civilized nation is to preserve order. As such, their whole reason for being is to enforce criminal laws, reduce civil disorder, and protect people and property. To accomplish this goal, police are granted certain unique powers that other citizens do not have, like the legitimate use force in preventing crime and the power to impose fines for criminal behavior.

Regulation of Police

Of course, having been granted these privileges, it is important for society to closely monitor those who exercise these powers. Temptation to engage in the same activities that the police are supposed to prevent is very real and requires this body of law in order to prevent individuals from contributing to the problems of society rather than policing them. Police laws often mirror constitutional and human rights laws, in that these are often the areas police are likely to stray. For example, an officer who has become frustrated with the criminal justice system is prevented by police laws from beating confessions out of suspects, just as that suspect has a human right against such treatment.

For more information about the laws affecting the police, please click on the links below or check out our Law Firms page where you will find lawyers in your area who can answer your questions.

Copyright HG.org


About HG.org and HGExperts.com
Know Your Rights!
HG.org - Overview

HG.org was one of the very first online law and government information sites. It was founded in January of 1995. The objective of HG.org is to make law, government and related professional information easily and freely accessible to the legal profession, businesses, and consumers.

HG.org's leadership in this arena, for 21 years, has positioned it as one of the most trafficked legal sites on the Internet. Visitors come to the site seeking law-related assistance and information.

There are thousands of articles, hundreds of specific law pages, information on 150 legal networks, 2,000 law schools in 130 countries, employment listings, 4,000+ videos, legal events and links to governments and agencies worldwide. All the information is easily found by searching through HG.org and online.
. . . .   



THIS RUNDOWN ON THE VARIOUS STATES AND THEIR PARTICULAR LAWS SHOWS ONLY TWELVE STATES IN WHICH THE PERSONNEL AND DISCIPLINARY RECORDS OF THE POLICE ARE CONSIDERED TO BE A MATTER OF PUBLIC RECORD, AND THEREFORE OPEN TO REVIEW. IT HAS JUST OCCURRED TO ME THAT A NATIONAL LAW WHICH SPECIFICALLY KNOCKS DOWN THE LENIENT STATE LAWS WOULD VERY LIKELY, ESPECIALLY WHEN COUPLED WITH A COMPLETE BAN ON MILITARY STYLE WEAPONS, WOULD STOP MOST OF THE COP KILLINGS COMPLETELY. THE FAILURE TO APPLY REAL DISCIPLINE OF AN APPROPRIATE TYPE AND DEGREE IS THE MAIN REASON WHY IT CONTINUES TO GO ON.

THE REASON WHY I JUST PUT POLICE BRUTALITY IN THE SAME CATEGORY WITH SPREE KILLINGS WITH AN AUTOMATIC RIFLE IS BECAUSE IT SEEMS TO ME THEY ARE VERY SIMILAR, IN THAT BOTH REFLECT A LACK OF CONSCIENCE, AND BOTH ARE PROTECTED BY THE POWER STRUCTURE IN THIS COUNTRY. ADD TO IT CRIME AGAINST WOMEN AND CHILDREN, FROM DOMESTIC VIOLENCE TO RAPE, AND OUR COUNTRY WOULD BEGIN TO APPROXIMATE THE UTOPIA THAT SOME PROCLAIM US TO BE. ASSUMING WE CAN’T GET ALL OF THOSE THINGS DONE, THOUGH, BRINGING SUNLIGHT ON THIS PARTICULAR INJUSTICE WOULD BRING ABOUT MORE FREQUENT CHARGES AND CONVICTIONS WHICH CAN “CLEAN UP OUR CITY STREETS” FROM THE INSIDE OUT. WE NEED TO STOP LEGALIZING DEADLY CRIME.

If a police officer in your community has a history of misconduct, can you find out about it? It depends where you live.

WNYC spoke to attorneys and experts in all 50 states and reviewed relevant statutes and court cases to get a national picture of a local issue. We found that a police officer's disciplinary history is effectively confidential in almost half of US states.

In some of these states, the law explicitly exempts these records from public view. In others, records are secret in practice because police departments routinely withhold them under vague legal standards or in spite of court precedents.

More on this investigation: The Hard Truth About Cops Who Lie • When a Cop's Right to Privacy Undermines Our Right to a Fair Trial • New York Leads in Shielding Police Misconduct • Reporter Robert Lewis Discusses National Implications on The Takeaway

Records are CONFIDENTIAL in 23 states. [LW. GO TO THE WEBSITE FOR A GRAPH SHOWING WHICH STATES THESE ARE.]

In these states, and the District of Columbia, a police officer's disciplinary history is mostly unavailable through public records requests.

In some cases, all public employee personnel files are exempt from disclosure. In others, police departments withhold records under a general privacy exemption.

Laws in New York, California, and Delaware specifically make law enforcement officers' personnel records confidential.

Records have LIMITED availability in 15 states. [WEBSITE]

In these states, police disciplinary records are available to the public in some situations.

In some of these states, only records of severe discipline, like a suspension or termination, are public while the rest is confidential. In others, responses vary by department because of evolving court precedents or ambiguity in the law.

Records are PUBLIC in 12 states. [WEBSITE]

In these states, police disciplinary records are generally available to the public.

Many of these states still make records of unsubstantiated complaints or active investigations confidential.

Details by state [WEBSITE. LINKS.]



NEW YORKERS ARE MOVING TO CHANGE THEIR LAWS ON POLICING.

TUESDAY, JUNE 2, 2020, REPORTING FOR NEW YORKERS
FILED UNDER: NYPD, BROOKLYN, PUBLIC SAFETY
Lawmakers Moving to Yank Covers Off Secret Police Disciplinary Records
BY JOSEFA VELASQUEZ, GREG B. SMITH, AND YOAV GONEN 
MAY 31, 2020, 10:47PM EDT

PHOTOGRAPH -- An NYPD officer keeps watch over protesters outside the Barclays Center in Brooklyn on May 29. Ben Fractenberg/THE CITY

State lawmakers in New York are inching closer to repealing a law shielding police disciplinary records, several people familiar with the matter told THE CITY.

On Monday, Democrats in the State Senate and Assembly plan to hold a video conference meeting of their members to discuss the protests sparked by the death of George Floyd, a black Minnesota man killed by a white police officer who kneeled on his neck.

The discussions are expected to focus on protests and response from law enforcement — and in particular a longstanding state law, known as 50-a, that shields police personnel records from public view, legislative sources said.

Reversing past mayors’ practice, the administration of Mayor Bill de Blasio has interpreted 50-a as prohibiting disclosure of the results of disciplinary hearings against individual officers.

According to one legislative source who was not authorized to publicly speak on the matter, an informal poll of Democratic members of the Senate showed enough support to approve the repeal of the law, with at least 32 votes in favor of the measure.

That’s even though some of the 40 Democrats in the Senate represent relatively conservative areas outside of New York City where large numbers of police officers live.

Discussions over repealing 50-a — which shields the personnel records of police officers, firefighters and corrections officers — came to a head this weekend, as protests over Floyd’s death have turned violent in New York City and around the nation.

Disturbing Images

Videos posted to Twitter showed a police officer shoving a young woman to the ground in Brooklyn Friday. Other videos taken during protests on Saturday documented a pair of NYPD SUVs accelerating into a crowd on Flatbush Avenue in Brooklyn, and a police officer ripping the mask off a protestor whose hands were raised and pepper spraying him.

Two state legislators, Sen. Zellnor Myrie (D-Brooklyn) and Assemblywoman Diana Richardson (D-Brooklyn), who are black, were also pepper sprayed by law enforcement Friday. Myrie was subsequently handcuffed.


Senator Zellnor Y. Myrie 米维
@zellnor4ny
Pain.

View image on TwitterView image on Twitter
41.8K
2:42 PM - May 30, 2020
Twitter Ads info and privacy
8,919 people are talking about this


I’ve seen those videos and those videos are truly disturbing. Some of the videos frankly are inexplicable to me,” Gov. Andrew Cuomo said Sunday.

At a news conference Saturday morning, Cuomo stopped just short of endorsing a full claw back of the 1976 law, instead throwing his support behind efforts to reform it.

I would sign a bill today that reforms 50-a,” Cuomo said.

I would sign it today. So the Legislature can now convene by Zoom, or however they do it, pass the bill, and I will sign it today. I can’t be clearer or more direct than that.”

Calls to repeal or rewrite the law intensified during the long years leading up to the 2019 administrative trial of NYPD Officer Daniel Pantaleo in connection with the 2014 chokehold death of Eric Garner. Pantaleo was found guilty and fired, in a rare disclosure of a trial’s outcome.


PHOTOGRAPH -- Hundreds of protesters packed into the plaza at the Barclays Center after police-involved killing of George Floyd in Minneapolis, May 29. Ben Fractenberg/THE CITY


Police unions are pushing back, pointing to the current conflicts in the streets.

“Last night, we saw violent criminals targeting New York City police officers with bricks, brass knuckles and Molotov cocktails, for no reason other than the uniform we wear,” said Police Benevolent Association President Patrick Lynch in a statement Sunday. “It is inconceivable that Governor Cuomo would want to arm those extremists with confidential police personnel records, so that they bring their weapons to our front doors.”

City’s Narrow Interpretation

Assembly member Danny O’Donnell (D-Manhattan), who first introduced a bill to repeal 50-a in 2015, said getting rid of the prohibition is a “pendulum [that] swings both ways” — unleashing records that could show an officer under scrutiny has a spotless past record.

“I think the most important thing going forward would be to try and increase trust between police forces and the people they police,” he told THE CITY, something he suggested 50-a repeal could help advance.

De Blasio also offered support for the repeal Sunday, but said a new law ought to “protect the personal information – the home address, the type of information about an individual police officer that is about their safety and security.”

O’Donnell said home addresses would not be released — calling the mayor’s remark “not a realistic thing.”

De Blasio has repeatedly called on Albany lawmakers to revisit 50-a — even as his own administration advanced a newly narrow interpretation of the law.

Legislative sources in Albany say de Blasio and his staff haven’t made a concerted effort to repeal the law.

Civil Rights Law 50-a specifically bars the release of “all personnel records used to evaluate performance” of police officers without the express written permission of the officer or without an order from a judge.


PHOTOGRAPH -- NYPD officers followed protesters as they marched along Atlantic Avenue, May 31, 2020. Ben Fractenberg/THE CITY


When the law was first proposed, the police union claimed the release of personnel information would subject its members to harassment and threats. Even at the time, critics questioned whether it would be used to hide misconduct.

For years, the NYPD informally allowed the press to review bare-bones records of substantiated disciplinary findings against cops. But in 2016 the de Blasio administration put a stop to that after police department lawyers decided this practice violated 50-a.

The public and press erupted at this reversal, asserting that this sudden opacity would prevent the public from seeing whether specific officers accused of misconduct had a history of bad behavior. The New York Civil Liberties Union sued to force the NYPD to resume releasing information on substantiated cases, but lost in court.

The only remedy was to change the law in Albany.

De Blasio’s Mixed Messages

De Blasio has repeatedly promised to push for unspecified 50-a reforms. In January 2019, a panel of law enforcement experts enlisted by then-NYPD Commissioner Jimmy O’Neill said that the existing “lack of transparency impedes the Department’s efforts to show the public that it holds officers accountable for their conduct.”

“The end result is a system that is understandably perceived by the public and others as gesturing towards some transparency, but ultimately remaining largely closed to any external scrutiny,” the panel wrote.

A month later, O’Neill said he would be speaking with legislators about crafting reforms. Since then, according to an Albany lobbyist involved in the discussions, the NYPD and de Blasio have made little to no effort to make that happen.

“The administration said they would be seeking reforms and then it was radio silence,” the lobbyist said. “The NYPD said they’d been up in Albany on this, but I have not had a single conversation with a legislator saying they’ve been approached by the NYPD or anyone in the de Blasio administration.”

In October, a police official testified at a Senate hearing that the NYPD continued to oppose a total repeal of 50-a, asserting that only substantiated findings regarding “serious police misconduct” should be subject to public disclosure.

“Minor misconduct, such as uniform infraction or lateness, should continue to maintain their 50-a protections,” testified Oleg Chernyavsky, assistant deputy commissioner for legal matters at the NYPD.

Total repeal “would extinguish an officer’s voice in a process centered on disclosure of their own personnel records and provide defense counsel access to records irrelevant to the case before the court.”

De Blasio made no mention of 50-a in his annual testimony on the state’s budget in Albany in February 2020 or in January 2017, according to transcripts of his prepared remarks.

He included calls to reform the law in his testimony in 2018 and 2019, transcripts show.

Olivia Lapeyrolerie, a de Blasio spokesperson, defended his efforts to overhaul 50-a.

“The mayor has been vocal about his calls for reform for the past three years — whether if it was while testifying up in Albany or in his innumerable conversations with state legislators,” she said.

NEXT UP IN BROOKLYN
NYC Shows Anger, Solidarity as Protests Consume Weekend
Cries of Justice for George Floyd Reach and Roil New York
NYC Public Libraries Mull Grab-and-Go Book Pickup Service
Texas Firm Reaps Millions Booking COVID Hotel Rooms for NYC
Parents Seeking Return of Children First Must Forge Connections on Screens
How Families Pay a High Price When Loved Ones Die of COVID-19

IN CASE YOU MISSED IT
How Some New Yorkers With Mental Illness are Coping During the Pandemic
Coronavirus Courts Tell Those Arrested: Can’t Make Bail? Sit in Jail
National Park Service Pledges to Reopen Floyd Bennett Field to Gardeners
NYC Blacks and Hispanics Dying of COVID-19 at Twice the Rate of Whites, Asians

GOT A TIP?
We’re here to listen. Email tips@thecity.nyc or visit our tips



THIS ARTICLE IS FROM 2019 RATHER THAN A FEW MONTHS AGO, BUT IT HELPS TO UNDERSTAND WHAT IS BEHIND THE PROTECTION OF NEW YORK POLICE OFFICERS WHO BREAK THE LAWS OF HUMANITY.

COURTS AND LAW
 BROOKLYN BORO
The law that shields police records, explained
Everything you need to know about 50-a and the campaign to repeal it
April 23, 2019   Jake Bittle

PHOTOGRAPH – POLICE OFFICERS IN DRESS UNIFORM AT A MEETING Photo/Bebeto Matthews

After years of pressure from activists and government officials, New York’s state legislature this year may finally repeal a law that shields police misconduct records from public view.

The law, known as 50-a, started to receive greater scrutiny since around 2014, when high-profile incidents of police violence forced criminal justice reform into the national conversation. The NYPD has repeatedly cited 50-a in its refusal to disclose the disciplinary history of Daniel Pantaleo, the officer who choked Eric Garner to death on Staten Island.

After years of pressure from activists and government officials, New York’s state legislature this year may finally repeal a law that shields police misconduct records from public view.

The law, known as 50-a, started to receive greater scrutiny since around 2014, when high-profile incidents of police violence forced criminal justice reform into the national conversation. The NYPD has repeatedly cited 50-a in its refusal to disclose the disciplinary history of Daniel Pantaleo, the officer who choked Eric Garner to death on Staten Island.

Now that the State Senate has come under Democratic control, lawmakers have their best chance in years to revise the provision or eliminate it altogether. Criminal justice activists and legal groups have long supported repealing the law, as have the families of New Yorkers who have been killed by the police.

As reform bills gain steam in the legislature, here’s what you need to know about the campaign to change 50-a.

What is 50-a?

50-a is a section of the New York Civil Rights Law that deems the “personnel records” of police officers, firefighters and corrections officers “confidential and not subject to inspection or review” without the officer’s permission. It was passed in the 1970s both to protect the personal information of officers who testified in court and to prevent “harassment” by criminal defense attorneys.

But legal organizations and activists argue that the law as written is too vague. In practice, they say, state courts have set a broad precedent that allows the police to conceal nearly all police records from public view, exempting officers from transparency standards applied to other public officials.

Who wants it repealed?

A coalition of activists and progressive politicians has pursued 50-a reform in earnest since 2014, with more state legislators and city councilmembers announcing their support each year. Bills to repeal 50-a have been championed by police reform organizations, including New York Communities for Change and Make the Road New York, and legal organizations including the New York City Bar Association, Legal Aid and the New York Civil Liberties Union.

Mayor Bill de Blasio has also signaled his support for repealing the law. NYPD Commissioner James O’Neill said at the same time that he believed “making information about disciplinary proceedings public will help us build trust with the community.”

O’Neill later created an independent panel to study whether the law should be repealed. That panel, comprised of two former prosecutors and a former judge, released a report this February that found “almost a complete lack of transparency and public accountability” around NYPD discipline. In the wake of the report, O’Neill conceded that “the law must change.”

Why do they want it repealed?

Over the past five years, criminal justice activists have focused not only on acts of violence by individual police officers but also on the willingness of department leadership to forgive, ignore or even cover up officer misconduct.

In the case of Eric Garner’s death, for example, the NYPD cited 50-a in refusing to release Pantaleo’s disciplinary history. Pantaleo’s internal NYPD trial began only last year and is ongoing, but a leaked version of his complaint history showed he had several substantiated complaints for abusive stops and searches.

A similar debate over public access to misconduct records is unfolding in California, where police unions sued to block a Senate bill that would have made such records public. But beyond the national debates over police accountability, lawyers and activists also contend that New York’s 50-a in particular is egregiously strict.

Appellate court decisions over the past decade have expanded the 50-a shield to cover records of on-duty police misconduct, such as an officer assaulting a civilian during a traffic stop. Originally, the law only protected records of off-duty misconduct, such as an officer selling prescription pain pills while off the clock. These rulings have made it more difficult for defense lawyers to bring such records into the litigation process through discovery.

Only two other states in the country have statutes that exempt police officers from public records law.

Who doesn’t want it repealed?

Unsurprisingly, groups representing police and correctional officers have been the loudest voices opposing the repeal of 50-a. These organizations argue that repealing the law outright would endanger police officers by making their personal information too accessible.

The Police Benevolent Association, which represents rank-and-file police officers, has been the most vocal defender of 50-a. Earlier this year the PBA said that moves to repeal the law were “designed to once again demonize police officers, seemingly for political gain,” and that legislators who support it “ignored both the serious risks to police officer safety and the reputational harm of publishing false allegations.”

The New York City Correction Officers Benevolent Association also filed a suit in 2015 that used an expansive interpretation of 50-a to argue that jail guard records should be hidden from public view. (Last year a judge ruled the records must remain public.)

Despite O’Neill’s concessions, the NYPD has stopped short of accepting a full repeal of the law; instead, as its deputy commissioner Benjamin Tucker argued to the City Council last year, the statute should be amended to allow for the release of only those records that hold “significant public interest.”

Will it get repealed?

Unclear. After the Democrats took control of the State Senate this January, progressives were optimistic that long-stalled bills relating to issues such as immigration, abortion and transgender rights would finally pass. At least for the first few months, much of that legislation panned out. But now, after spending months working out the details of the state budget, some senators doubt that they’ll have time to hammer out the details before the current legislative session ends on June 19. (Gov. Andrew Cuomo did not include the issue on his list of legislative priorities this year, and in the past he has said the decision should be left to the NYPD.)

The City Council is currently debating a set of bills that would require the NYPD to release some aggregate misconduct data, but the only politicians who have the power to eliminate the 50-a exemption are state legislators. Lawmakers have introduced multiple bills this session in the State Senate and State Assembly to change the law, but the bills in both chambers are stalled in committee.

The success or failure of 50-a reform may hinge on the debate between amending the statute and wiping it from the state code altogether. One bill introduced in the Senate by the Bronx’s Sen. Jamaal Bailey and in the Assembly by Manhattan’s Assembly member Danny O’Donnell would repeal 50-a outright. State lawmakers said last week that they had made progress toward passing the bill. Another bill, introduced by Brooklyn Sen. Kevin Parker, would narrow the 50-a exemption to cover only records relating to officer performance evaluations and promotions, while a third bill would keep the law as-is but add a provision allowing civilian review boards to seek the release of specific records.

Most advocates have rallied around an outright repeal, but it remains unclear how pressure from the police unions, which donated more than $1.3 million to state legislators last year, may influence which version of the bill ends up passing.

Jake Bittle is a reporter and researcher who lives in Flatbush. You can find him on Twitter.

Update (April 24) — This article has been updated to reflect the correct name of the Police Benevolent Association. It is no longer called the Patrolmen’s Benevolent Association.



THIS IS THE TEXT OF THE NEW YORK 50-A LAW.

The New York State Senate
The Laws Of New York Consolidated Laws Civil Rights Article 5: Right Of Privacy
SECTION 50
Right Of Privacy

Section 50-A
Personnel records of police officers, firefighters and correction officers
Civil Rights (CVR)

Personnel records of police officers, firefighters and correction officers.

  1. 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 subdivision 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 twenty-three and twenty-three-a of section 2.10 of the criminal procedure law and such personnel records under the control of a probation department 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 department of corrections and community supervision or probation department except as may be mandated by lawful court order.

  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 available to the persons so requesting.

  4. 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 corporation counsel or his deputies or assistants, a town attorney or his deputies or assistants, a village attorney or his deputies or assistants, a grand jury, or any agency of government which requires the records described in subdivision one, in the furtherance of their official functions.


****    ****    ****    ****   


No comments:

Post a Comment