Photo Courtesy of Mayoral Photography Office
Mayor de Blasio, seen here addressing newly sworn-in Police recruits in College Point, has called for significant amendments to the State Civil Rights Law to make disciplinary information about police officers and other uniformed personnel covered under a section of the law subject to disclosure.
By Forum Staff
Mayor Bill de Blasio today called for significant amendments to a particular section of the State Civil Rights Law to make disciplinary information about police officers and other uniformed personnel covered under this section of the law subject to disclosure.
According to the administration, Civil Rights Law Section 50-a, in existence since 1976, treats as confidential all personnel records of law enforcement and other uniformed personnel that are used to evaluate performance toward continued employment or promotion. Under this section of law, personnel records of law enforcement and other uniformed personnel may only be disclosed pursuant to a court order or with the express written consent of the employee to whom the records pertain. Several appellate court decisions have held that personnel records, including summaries of disciplinary actions taken against law enforcement and other uniformed personnel, cannot be disclosed because of the confidentiality protections under Civil Rights Law Section 50-a.
The de Blasio administration has argued that the public interest in transparency and accountability for those in positions of public trust is not well-served by the law as it currently exists and, therefore, it will seek amendments to Civil Rights Law Section 50-a in the upcoming 2017 State legislative session.
“I believe in transparency. I also believe that making information about disciplinary proceedings public will help us build trust with the community,” said Police Commissioner Jim O’Neill. “It is my hope we can work with the State Legislature and the governor on the proposed 50-a amendment.”
According to the administration, the proposed legislation should:
- Remove confidentiality protections currently applicable to disciplinary records, including all cases prosecuted by the Civilian Complaint Review Board in the trial room, thereby subjecting the full public record of the disciplinary proceeding and the results of such disciplinary proceeding to public disclosure. This would include final factual findings and disposition of any disciplinary measures imposed (or not imposed).
- In a litigation context, maintain current law restrictions on the use of covered personnel records in litigation which require a finding that records being disclosed are relevant to the specific case, but also adds that the judge must find that the records’ probative value outweigh the prejudicial harm of admitting them.
- Continue to allow permitted access for other governmental agencies, such as district attorneys and corporation counsels, in furtherance of a governmental function
If enacted, the legislation would result in the following items to be posted on the NYPD website pertaining to each case disposed of:
- Officer’s Name
- Charges Made
- Transcript and Exhibits of the Departmental Hearing
- Summary of the Decision of the Trial Judge
- Final Determination by the Police Commissioner
These cases would be posted online and no Freedom of Information Law action would be required to access the above information, according to the administration. The cases posted would include both NYPD-initiated and CCRB-prosecuted cases.
“Without significant changes to this statute, the City remains barred from providing New Yorkers with the transparency we deserve,” de Blasio said. “We hope advocates for greater transparency will join us in the effort to reform this State law.”
