For Immediate Release
Friday, December 6, 2024
Groups make case to Court of Appeals that disciplinary records are subject to disclosure under Freedom of Information Law, including those created before repeal of section 50-a of Civil Rights Law
Watchdog groups Reinvent Albany, Citizens Union, and Common Cause NY submitted an amicus brief to the New York State Court of Appeals supporting the New York Post’s lawsuit seeking the public disclosure of police disciplinary records created prior to June 2020, when the state law repealing §50-a of the Civil Rights Law took effect. The groups advocate for open and accountable government in New York, including strengthening the state’s Freedom of Information Law (FOIL), and supported the repeal of 50-a in 2022.
The group’s proposed amicus brief in NYP Holdings, Inc. v. New York City Police Department makes the following main arguments:
- The court can affirm disclosure of the records based on a straightforward application of FOIL. FOIL broadly protects the public’s right to access law enforcement disciplinary records. Further, police disciplinary records are not specifically exempt from disclosure under Civil Rights Law § 50-a.
- The Police Benevolent Association’s (PBA) retroactivity arguments are meritless. The FOIL request at issue does not implicate a “retroactive” application of any statute. Further, the Legislature intended for the repeal of Civil Rights Law § 50-a to apply to police disciplinary records created before June 2020.
The groups said that having lost before the Legislature, the PBA is asking the Court to create a new FOIL exemption for all disciplinary records created before June 2020. The brief asks the Court to not do so, and instead affirm the release of the records.
Finally, the brief finds that police disciplinary records are quintessential government records that should be subject to public scrutiny. Police officers wield enormous power over the public, including the ability to determine a person’s life or death in an instant. Holding them accountable can be difficult: obstacles abound in legal proceedings, and internal reviews can be shrouded in secrecy. Disclosure also helps restore public trust in the legitimacy of law enforcement, not only by helping bring about justice for individuals, but also by helping the public identify trends and enact reforms to repair broken relationships with police.
The groups thank attorneys Amer S. Ahmed, Seth M. Rokosky, Dasha Dubinsky, Kathryn M. Cherry, and Hunter Heck at Gibson, Dunn & Crutcher LLP for preparing and submitting the amicus brief on their behalf.