Unsealing police records splits parties
Mid-Hudson Democrats vote to repeal state’s 50-a protections; Republicans vote against it
State lawmakers who represent the Mid-Hudson Valley split along party lines in this week’s votes to make public the disciplinary records of police, firefighters and corrections officers in New York.
The repeal of Section 50-a of New York’s Civil Rights Law was approved overwhelmingly by the Democratic-controlled state Assembly and Senate. The tallies were 101-42 in the Assembly and 43-22 in the Senate.
Gov. Andrew Cuomo has said he’ll sign the legislation.
Section 50-a, enacted in 1976, has kept law-enforcement officers’ disciplinary records secret. The call to lift that veil gained steam with the death of George Floyd in Minneapolis on May 25 after a white police officer pressed his knee into Floyd’s neck for nearly nine minutes as the black man was lying on the ground, handcuffed.
New York Sen. Jen Metzger, DRosendale, voted in favor of repealing 50-a.
“The legislation ... improves accountability, deters abuse, and better ensures equal protection under the law without sacrific
ing privacy protections,” Metzger said in a statement. “There is no better way to build trust than through transparency, which is why it is so fundamental to democracy and the rule of law.”
Sen. George Amedore, RRotterdam, voted against the repeal.
“This bill was rushed through for political expediency, and neglects to address the issue of unsubstantiated claims against one sector of public employees and their right to due process,” Amedore said, also in a prepared statement. “Police officers who abuse their position should be held accountable, but putting the court of public opinion above due process sets a dangerous precedent.”
Assemblyman Kevin Cahill, D-Kingston, said the repeal of 50-a was one of sever legislative actions this week aimed at “addressing the deteriorating relationship between law enforcement and the communities they are charged to protect.”
“The repeal of 50-a is replaced with a law that continues to shield private information, such as privileged health care records and other matters not related to misconduct in the lawful carrying out of an officer’s duty,” said Cahill, who voted for the repeal. “This bill brings to a close the era of secrecy derived by repeated court interpretations of a law that was never intended to hide illegal activity, but became a tool used by corrupt and criminal individuals who also happen to wear a uniform.”
Assemblywoman Didi Barrett, D-Hudson, said the repeal of 50-a, which she voted for, is a significant step toward addressing police misconduct.
“With the repeal of 50-a, and by passing other critical reform bills this week, we in the New York State Legislature have joined the national reckoning and have begun the process to rebuild trust between law enforcement and the people of our state, particularly those in black and brown communities,” Barrett said in a statement. “For too long in New York State, 50-a has shielded information from the public, allowed patterns of misconduct to go unseen, and created a climate of skepticism and distrust.”
State Sen. James Seward, R-Milford, said he voted in favor of some police reform measures but against the repeal of 50-a.
“This week, the Senate took action on legislation in response to the unjust killing of George Floyd in Minnesota and the aftershocks across our nation,” Seward said in a email. “I voted in favor of several bills, including those to improve transparency regarding police statistics, ban chokeholds, require body cameras for New York State Police, and ban racial and ethnic profiling, among other measures.”
But Seward said he opposed “bills that I considered incomplete or duplicative.”
“One of those bills was the repeal of Section 50-a of the Civil Rights Law,” he said. “While I support elements of the bill, I feel improvements were needed.
“For example, unsubstantiated and unfounded complaints against a police officer should not be released to the public,” Seward said.
Sen. Sue Serino, R-Hyde Park, also voted against the repeal.
“While I support amendments to prevent any abuse of this law, the bill that passed ... strips these New Yorkers of due process and goes too far in allowing for the release of false accusations, unfounded and unsubstantiated claims against police officers, firefighters, corrections officers and paramedics,” Serino said. “This law was originally written to ensure first responders could safely testify in court on behalf of victims. Repealing
it in this way will jeopardize the integrity of this process and the safety of these men and women, and their families.”
Assemblyman Brian Miller, R-New Hartford, said he voted against repealing 50-a “because I believe it allows for unsubstantiated and sometimes completely false claims made against a lawenforcement official to be public, and that isn’t right.
“I believe this legislation needed some more work before coming for a vote,” Miller said.
Not responding to requests for comments were Sen. James Skoufis, DCornwall, and Assemblyman Jonathan Jacobson, D-Newburgh, both of whom voted for the repeal; and Assemblymen Chris Tague, R-Schoharie, who voted against it.