News/Media Alliance Joins Brief in Support of Transparency of Police Records Under New York’s Freedom of Information Law

On July 3rd, the News/Media Alliance joined an amicus brief in the Court of Appeals of New York in support of the release of complaint records against the Rochester Police Department (RPD). As part of a statewide police transparency campaign, the New York Civil Liberties Union (NYCLU) submitted requests to the RPD and 11 other state police departments for public records under New York's Freedom of Information Law (FOIL). The RPD ignored the NYCLU's request, which asked for the disclosure of public records specifically authorized to be released following the June 2020 repeal of Section 50-a, a part of the New York civil rights code used to make police personnel records-including police complaints and claims of misconduct-confidential. The NYCLU filed a lawsuit under FOIL for RPD's failure to provide any of the requested records. In response the RPD produced some documents, while still withholding pre-June 2020 documents, arguing that the repeal of 50-a does not apply retroactively and that releasing complaints that did not result in discipline would be a violation of privacy. The trial court agreed with the RPD, however the Appellate Division Fourth Department reversed and required RPD to disclose unsubstantiated records and records pre-dating June 2020.

The brief, led by RCFP, urges the Court of Appeals to affirm the decision to require the disclosure of unsubstantiated and pre-June 2020 complaints. The brief argues that the public interest for full disclosure of police complaints outweighs any limited privacy interests police officers may have. The repeal of 50-a was intended to facilitate police transparency, and the availability of police complaints ensures the press, and the public can hold police departments fully accountable for misconduct.