Summary
This Appellate Division decision reviews a Supreme Court order granting a CPLR Article 78 petition to compel the release of law enforcement disciplinary records under New York's Freedom of Information Law. The court held that the Suffolk County Police Department failed to meet its burden of demonstrating that the requested records were categorically exempt from disclosure based on privacy concerns. Consequently, the lower court's order compelling production of the disciplinary records was affirmed with costs.
Topics
Practice areas
Questions Presented
- Whether the disciplinary records are exempt from disclosure under Public Officers Law § 87(2)(b) privacy exemption.
- Whether the agency’s failure to provide a particularized justification defeats the privacy exemption.
- Whether the timeliness of the administrative appeal is a proper basis for denial.
Holdings
- The records are not categorically exempt; the exemption must be narrowly construed and the agency bears the burden of showing a particularized justification.
- Because the agency did not articulate a particularized and specific justification, it failed to meet its burden and the exemption does not apply.
- The timeliness of the administrative appeal is not a basis for denying the appeal; the court does not consider it.
Key quotations
“To promote open government and public accountability, . . . FOIL imposes a broad duty on government to make its records available to the public”
Factual background
In August 2020 Michael McDevitt requested the Suffolk County Police Department's disciplinary records of certain officers under the Freedom of Information Law. The department released some material but withheld records deemed "unsubstantiated," "unfounded," or "exonerated." Suffolk County denied McDevitt's administrative appeal, asserting a privacy exemption under Public Officers Law § 87(2)(b). McDevitt then commenced a CPLR 78 action to compel production of the withheld records.
Procedural history
The petitioner requested disciplinary records from the Suffolk County Police Department under FOIL in August 2020. The department withheld records classified as unsubstantiated, unfounded, or exonerated. The County denied the administrative appeal citing a privacy exemption. The petitioner filed a CPLR 78 proceeding seeking an order compelling production. The Supreme Court, Suffolk County, granted the petition. The appellants appealed.