This case challenges the Nassau County Police Department's refusal to disclose public records concerning allegations that the Department launched an internal affairs investigation at the behest of Fox News pundit Bill O'Reilly of a detective whom the TV personality believed was romantically involved with his wife.

On January 9, 2012, the NYCLU filed the papers on behalf of John Cook, a reporter for Gawker who is seeking the records while writing a story about O'Reilly's attempts to pressure the NCPD to investigate the unnamed detective. The story raises serious questions about whether the NCPD used public resources for O'Reilly's private, personal benefit. In October 2011, Cook, acting as his own attorney, filed an Article 78 petition in State Supreme Court of Nassau County challenging the NCPD's blanket denial of his records request under the state's Freedom of Information Law (FOIL). In response, the Police Department filed a motion to dismiss the petition. Shortly after, the NYCLU agreed to represent Cook in the matter. Cook requested all records pertaining to the investigation of the detective and a subsequent investigation into leaks pertaining to the original inquiry. He also requested records call logs, schedules of meetings, correspondence, and other contacts between the O'Reilly's and former NCPD Commissioner Lawrence Mulvey; and records of NCPD contacts with two residential addresses belonging to the O'Reilly's.

The NCPD claims that these records are exempt “personnel records,” and that disclosure would violate FOIL's privacy exemption. The NYCLU's January 2012 filing maintains that these arguments are flawed. First, it maintains that even if the documents concerning the two investigations are personnel records, the NCPD is obliged under FOIL to disclose redacted records that omit the names and personal identifying information of individual police officers. Second, the NYCLU argues that the NCPD provides no basis for concluding that the requested call logs, meeting schedules and correspondence contain information of a personal nature. Even if they did, the public's strong interest in understanding Mulvey's actions, particularly in light of public accusations of misconduct, outweighs any private interest in withholding the records.

The NYCLU also argues that as NCPD has failed to articulate any opposition to releasing records regarding police contact with O'Reilly's residences, the court should order the Department to produce those records. On February 2, 2012 a State Supreme Court judge ordered the Police Department to disclose portions of the records pertaining to the internal affairs investigations. The county immediately appealed the decision to the Appellate Division, Second Department, which automatically stayed the judge's order, so the records remain undisclosed pending appeal. The NYCLU has also cross-appealed the judge decision to keep a portion of the internal affairs records secret.

State Supreme Court, Nassau County, Index No. 11-014558 (direct)