Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the disclosure of law enforcement disciplinary records.

Highlights:

• Repeals New York State Civil Rights Law permitting law enforcement officers to refuse disclosure of personnel records used to evaluate performance toward continued employment or promotion (Sec. 1).

• Defines “law enforcement disciplinary records” as any record created in furtherance of a law enforcement disciplinary proceeding, including, but not limited to (Sec. 2):

• The complaints, allegations, and charges against an employee;

• The name of the employee complained of or charged;

• The transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;

• The disposition of any disciplinary proceeding; and

• The final written opinion or memorandum supporting the disposition and discipline imposed including the agency's complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee.

• Defines “technical infraction” as a minor rule violation by a person employed by a law enforcement agency solely related to the enforcement of administrative departmental rules that (Sec. 2):

• Do not involve interactions with members of the public; 

• Are not of public concern; and 

• Are not otherwise connected to such person's investigative, enforcement, training, supervision, or reporting responsibilities.

• Requires a law enforcement agency to redact the following information from law enforcement disciplinary records prior to disclosing such records under this article (Sec. 4):

• Items involving the medical history of a person employed by a law enforcement agency;

• The home addresses, personal telephone numbers, personal cell phone numbers, personal e-mail addresses of a person employed by a law enforcement agency;

• Any social security numbers; or

• Disclosure of the use of an employee assistance program, mental health service, or substance abuse assistance service by a person employed by a law enforcement agency.

• Authorizes a law enforcement agency to redact records pertaining to technical infractions prior to disclosing records (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the disclosure of law enforcement disciplinary records.

Highlights:

• Repeals New York State Civil Rights Law permitting law enforcement officers to refuse disclosure of personnel records used to evaluate performance toward continued employment or promotion (Sec. 1).

• Defines “law enforcement disciplinary records” as any record created in furtherance of a law enforcement disciplinary proceeding, including, but not limited to (Sec. 2):

• The complaints, allegations, and charges against an employee;

• The name of the employee complained of or charged;

• The transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;

• The disposition of any disciplinary proceeding; and

• The final written opinion or memorandum supporting the disposition and discipline imposed including the agency's complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee.

• Defines “technical infraction” as a minor rule violation by a person employed by a law enforcement agency solely related to the enforcement of administrative departmental rules that (Sec. 2):

• Do not involve interactions with members of the public; 

• Are not of public concern; and 

• Are not otherwise connected to such person's investigative, enforcement, training, supervision, or reporting responsibilities.

• Requires a law enforcement agency to redact the following information from law enforcement disciplinary records prior to disclosing such records under this article (Sec. 4):

• Items involving the medical history of a person employed by a law enforcement agency;

• The home addresses, personal telephone numbers, personal cell phone numbers, personal e-mail addresses of a person employed by a law enforcement agency;

• Any social security numbers; or

• Disclosure of the use of an employee assistance program, mental health service, or substance abuse assistance service by a person employed by a law enforcement agency.

• Authorizes a law enforcement agency to redact records pertaining to technical infractions prior to disclosing records (Sec. 4).

Full Bill Text