Records debate Court hears arguments on NYPD discipline docs
ALBANY – At least three judges on the state’s top court Wednesday expressed concern that releasing police disciplinary records—even if redacted—would make it difficult to protect the identities of the officers involved.
The seven-member Court of Appeals heard arguments over whether the NYPD needs to release final opinions issued in departmental disciplinary proceedings against police officers since 2001.
The New York Civil Liberties Union field the suit after the NYPD denied a freedom of information request filed in 2011 seeking the records.
The city had previously argued the records being sought were precluded from being made public under a decadesold law that prohibits release of officer disciplinary records.
But city lawyer Aaron Bloom during Wednesday’s oral arguments said for the first time that redacted versions of the records being sought by NYCLU could be released if it is determined that the anonymity of the officers can be protected with “reasonable certainty.” In this case, he said, it cannot.
NYCLU Associate Legal Director Christopher Dunn argued the officers’ identities could be protected by redacting information in the records.
But at least three Court of Appeals judges — Eugene Fahey, Leslie Stein and Michael Garcia — appeared skeptical.
“They certainly expressed a lot of concern about that, but we don’t think there’s any question these documents can have identifying information about officers removed and they’re still quite valuable,” Dunn told The News.
Fahey asked Dunn whether media accounts of incidents, the fact that disciplinary hearings are open and different documents are in the public realm would make it easy to match events to officers even if their names were redacted.
Judge Jenny Rivera alluded to the chokehold death of Eric Garner on Staten Island, asking whether certain cases make it impossible to protect an officer’s identity if the records are released.
Dunn responded by bringing up by name Garner and the officer who put him in the chokehold, Daniel Pantaleo.
Dunn said it would be up to the NYPD to determine which information to redact and whether the documents can be released at all.
He said in the Pantaleo case, the NYPD could redact the officer’s name, information about the chokehold or the year of the incident. Or it could decide to withhold the whole document.
One judge asked whether widespread redaction would void the purpose of seeking the documents. But Dunn argued there is “plenty of information here that is valuable.”
Bloom suggested the law is designed to keep records from being used to embarrass cops.
A decision is expected in several weeks.