What's happening
This bill amends New York civil rights law to allow public disclosure of certain law enforcement disciplinary records after disciplinary proceedings conclude.
Why it matters
Increases transparency by allowing public access to specific law enforcement disciplinary records. including complaints, charges, trial transcripts, and final written findings—after internal disciplinary proceedings are finished, which may enhance public trust and oversight of police and related agencies.
Limits confidentiality protections for disciplinary records only during active investigations or proceedings. ; once a case is concluded (or the officer leaves employment), those records can be disclosed unless another law specifically prohibits it. This closes a major loophole that previously kept many records permanently secret.
Protects the rights of accused officers and other involved parties during ongoing cases. by maintaining confidentiality and requiring court review before records are released, but shifts to greater openness after resolution, balancing privacy with accountability.
Ensures that even after records become public, any use of these records in lawsuits must still go through a judge’s review for relevance and potential prejudice. , helping to prevent misuse of sensitive information in legal proceedings while allowing legitimate scrutiny.
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Who cares
Headline styles
Open Police Disciplinary Records
Plain English, a few words. Used as the page title.
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No co-sponsors yet.
History
- Referred to codes
- Referred to rules
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6826
2017-2018 Regular Sessions
IN SENATE
June 21, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13288-01-7
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department of corrections and community supervision or probation department 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 available 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 findings, 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 acceptance 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
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specified in subparagraphs one, two and three of this paragraph, including but not limited to, the filing of a civilian complaint. The administrative 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 administrative 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 conclusion 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 disciplinary 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 interested 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 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 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 conclusion 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 subdivisions 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.
Read the full memo (993 words)
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 subdivisions 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 positions 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 personnel records of certain law enforcement personnel, including police officers, 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 agency 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 confidential under the amendment and subject to current restrictions on disclosure. 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 documents 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
New Bill
Fiscal implications
None.
Effective date
This act shall take effect ninety days after it shall have become law.
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