Relates to the release of personnel records or information contained therein of first responders

BILL NUMBER:S4818

Title of bill

An act to amend the civil rights law, in relation to personnel records of police officers, firefighters and correction officers

Purpose

This bill would expand the rights of employees whose personnel information is considered confidential and not subject to inspection or review unless when mandated by lawful court order.

Summary of provisions

This bill amends subdivisions 1 and 4 of section 50-a of the civil rights law

Justification

The information used to evaluate performance toward continued employment or promotion, as well as the information contained therein should be released upon receipt of a request, provided that such request is accompanied by a written authorization signed by the subject employee authorizing the release of such record.

In 2006, at least 35 NYPD police officers had been chosen for employment with the Port Authority Police Department ("PAPD"). As part of the PAPD's background investigation into the applicant police officers, the PAPD sought employment and personnel records from the NYPD. The police officers then signed for their records to be released to the PAPD.

However, the NYPD refused to release the records, and refused to allow the PAPD investigators to review the personnel records at NYPD Headquarters. The NYPD would release only an "abstract," providing name, last job title, dates of employment, and if separated, reason for separation. As a result of the NYPD's refusal to provide the records, the PAPD deferred the police officers' applications. In 2006, the PBA organized and financed an Article 78 proceeding on behalf of the police officer PAPD applicants challenging the NYPD's policy of refusing to release the employment records or grant access to such records. The police officers prevailed on their request for a preliminary injunction in aid of the Article 78; however, the injunction was reversed by the First Department Appellate Division on the basis that the NYPD's policy of restricting access to personnel records is well within the Police Commissioner's discretion and broad powers granted by the New York City Charter. Further, the court found that the police officers' reliance on Civil Rights Law § 50-a was misplaced, since "this law,...does not require the release of personnel records to third parties and in any event, the statute does not create a private right of action for police officers for a claimed violation of Civil Rights Law § 50-a." As a result of the First Department's decision, the police officers were not hired by the PAPD.

These officers should have the right to access their own personal records and give written authorization for another entity to also access those files.

Legislative history

New Bill

Fiscal implications

See the bill.

Effective date

This act shall take effect immediately.