Local police departments ignore Freedom of Information Law deadlines: NYCLU

Three local police departments are representative of a pattern of law enforcement agencies across New York state ignoring legal obligations to provide information to the public, according to a report by the New York Civil Liberties Union released today.

The police departments in Mount Vernon, White Plains and Ramapo all missed legal deadlines and took more than a year to hand over records that the NYCLU asked for through Freedom of Information Law requests, according to the report, called "Taking Cover." The state's Freedom of Information Law gives members of the public access to government records, with some exceptions.

In 2015 the NYCLU sent FOIL requests to 23 police departments in the state — including those three local agencies — for records about use of force, stops and detentions, complaints about misconduct, racial profiling and use of surveillance equipment.

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"Many departments completely ignored legal deadlines," the NYCLU wrote in its report. "Many did not respond to our request until we involved town or city attorneys.

"Out of 23 departments, 20 delayed their initial response to our request beyond what is permissible under the law. We were forced to file administrative appeals or lawsuits in 22 of our 23 requests. This is unacceptable."

The NYCLU said it filed appeals, which must be resolved within 10 business days, for 22 of those departments because of delays with the agencies providing the requested information. Eight of those departments still have not sent complete responses, the NYCLU said.

The police departments in Mount Vernon, Ramapo and White Plains all failed to send their initial FOIL response within the time required, according to the NYCLU. FOIL mandates that a records access officer must respond to a records request within five business days and, if the access is granted, provide those records within 20 business days.

The NYCLU said it appealed its White Plains request after seven months and received a complete records response 15 months after its FOIL request.

James Bradley, deputy commissioner of the White Plains Department of Public Safety, said the NYCLU's FOIL request "was extensive, complicated and brought to bear various discussions about applicability. We were in constant contact with their staff and in the end, provided all that they requested, including some analysis that went above and beyond the scope of FOIL."

Ramapo's delay prompted an appeal after two months, as well as a lawsuit that the NYCLU filed on May 10, 2016. The NYCLU said Ramapo completed its records request 15 months after the FOIL request.

"The town of Ramapo Police Department has a robust public information policy, cooperates with media and public inquiries, responds to FOIL requests and maintains a public Facebook page," Ramapo Police Chief Brad Weidel said. "There are a number of valid exemptions from disclosure of information upon receipt of a FOIL request. Examples include non-routine investigative techniques or procedures, tactical response plans, and procedures that if revealed would compromise officer safety. With regards to the legal aspects of this particular case, I must refer you to the town attorney's office."

The NYCLU said it had to file three appeals for its Mount Vernon request, and that the city's Police Department completed the FOIL request 22 months after it was filed.

Mount Vernon Mayor Richard Thomas issued a statement Monday afternoon saying, "The report and the graphs show that, since the Thomas administration took office on Jan. 1, 2016, the FOIL responses were all completed. The previous administration was lax and we are proud of the fact that over the last year and a half we provided all the requested documentation."

The mayor said that his administration has taken steps to "deploy transparency measures," such as broadcasting public meetings and publicizing weekly crime statistics. He added that he "will advocate for investment in systems and technology that make FOIL compliance measures more efficient including additional staff and technology to compile data."

The NYCLU said it will publish all of the records it receives from police departments, including hundreds of thousands of pages so far.

There were four ways that departments throughout the state have resisted transparency, according to the NYCLU: delaying and dodging deadlines, excessively redacting information, maintaining inadequate resources and failing to keep proper records.

The NYCLU recommends that police departments improve transparency by keeping complete and comprehensive records on enforcement encounters. It suggests that local governments can help by ensuring that police agencies do not abuse FOIL exemptions and ensure that those agencies have sufficient resources to comply with FOIL requirements.

Another measure that would help, according to the NYCLU, would be the passing of the Police Statistics and Transparency (STAT) Act, a bill that was passed by the state Assembly and June and sent to the state Senate. It would require "uniform data collection and reporting on low-level law enforcement and deaths in custody, including demographics," according to the NYCLU.

The NYCLU also wants to repeal a piece of the Civil Rights Law that it says allows departments to withhold personnel records that are used to evaluate police officer performance.

Twitter: @MattSpillane