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Saturday, April 27, 2024

The New York law that keeps police discipline records secret

Credit: WKBW Buffalo
Duration: 02:53s 0 shares 1 views

The New York law that keeps police discipline records secret
The New York law that keeps police discipline records secret

If an unarmed man like George Floyd had been killed in Buffalo or anywhere else in New York State, the public would not know whether any of the police officers had previously been disciplined.

THE FORMERMINNEAPOLIS POLICEOFFICER ARRESTEDTODAY HAD A HISTORYOF MORE THAN ADOZEN COMPLAINTSAGAINST HIM.HERE IN NEW YORK --STATE LAW PREVENTSPOLICE COMPLAINTSFROM BEING MADEPUBLIC... RAISINGSERIOUS CONCERNSABOUT POLICETRANSPARENCY.I-TEAM CHIEFINVESTIGATORCHARLIE SPECHTSHOWS US WHAT'SBEING DONE NOW TOTRY AND CHANGETHAT.MINNEAPOLIS POLICEOFFICER DEREKCHAUVIN IS NOWCHARGED WITHTHIRD-DEGREEMURDER ANDMANSLAUGHTER -FOUR DAYS AFTERTHIS VIDEO SHOWSHIM PINNING GEORGEFLOYD TO THEGROUND WITH HISKNEE ON HIS NECK.CHAUVIN NEVER LETUP DESPITE FLOYDBEING HEARD SAYINGHE COULDN'TBREATHE BEFORELOSINGCONSCIOUSNESS.CHAUVIN AND THREEOTHER OFFICERSNOW FINDTHEMSELVES IN THEMIDDLE OF AFIRESTORM THAT HASLED TO RIOTING ANDDESTRUCTION IN THETWIN CITIES.ACCORDING TO CNN,CHAUVIN HAD 18PRIOR COMPLAINTSFILED AGAINST HIMWITH THEMINNEAPOLIS POLICEDEPARTMENT'SINTERNAL AFFAIRSOFFICE...INCLUDINGTWO THAT WEREQUOTE, "CLOSED WITHDISCIPLINE.":IT'S INFORMATION THEPUBLIC INMINNEAPOLIS IS USINGTO EVALUATE THEPERFORMANCE OF ITSOWN POLICEDEPARTMENT AND HOWIT INTERACTS WITH ITSMINORITYCOMMUNITIES.BUT IF THIS HAD ALLHAPPENED IN BUFFALOOR ANYWHERE ELSE INNEW YORK STATE, WEWOULDN'T KNOWWHETHER ANY OF THEPOLICE OFFICERS HADPREVIOUSLY BEENDISCIPLINED.MICKEYOSTERREICHER/ATTORNEY FOR WKBW:ACCORDING TO THENEW YORK STATE CIVILRIGHTS LAW, WHICH ISSECTION 50-A,UNFORTUNATELY IT'SBEEN EXPANDEDGREATLY SINCE IT WASESTABLISHED LIKE 40YEARS AGO IN THE1970S.ATTORNEY MICKEYOSTERREICHER SAYSNEW YORK STATE LAWKEEPS POLICEDISCIPLINE RECORDSSECRET FROM THEPUBLIC.THAT LAW PERTAINSTO "PERSONNELRECORDS OF POLICEOFFICERS,FIREFIGHTERS ANDCORRECTIONOFFICERS" AND ITSTATES THAT"PERSONNELRECORDS USED TOEVALUATEPERFORMANCETOWARD CONTINUEDEMPLOYMENT ORPROMOTION...SHALLBE CONSIDEREDCONFIDENTIAL ANDNOT SUBJECT TOINSPECTION ORREVIEW WITHOUT THEEXPRESS WRITTENCONSENT OF SUCHPOLICEOFFICER...EXCEPT ASMAY BE MANDATED BYLAWFUL COURTORDER."IT'S BEEN CALLED "THEMOST CONTENTIOUSSTATE LAW ON THEBOOKS,", BUT ON THURSDAYNEW YORK STATE'SBLACK, PUERTORICAN, HISPANIC ANDASIAN LEGISLATIVECAUCUS CALLED FORTHE REPEAL OF 50-A,SAYING IT "ALLOWSPOLICE OFFICERMISCONDUCT TO BESHIELDED FROMPUBLIC VIEW."ASSEMBLY MAJORITYLEADER CRYSTALPEOPLES-STOKES IS AMEMBER OF THATCAUCUS AND SHESPOKE TO THE I-TEAMLAST JULY ABOUT THEISSUE.CRYSTAL PEOPLES-STOKES/ASSEMBLYMAJORITY LEADER:IT'S A MISTAKE TO KEEPIT IN PLACE, BECAUSEAFTER ALL, THESEPUBLIC SERVANTSWE'RE TALKING ABOUTARE JUST PEOPLE.

ANDPEOPLE ARESOMETIMES SUBJECTTO DO THINGS THATARE NOT RIGHT, OR TOMAKE MISTAKES, ANDTHEY'RE PUBLICSERVANTS AND THERESHOULD BE SOMETRANSPARENCY ABOUTWHAT THEY DO, JUSTLIKE THERE IS ABOUTEVERY PUBLICSERVANT.THE LAW FAILED TOPASS LAST SESSIONBUT THE NONPROFITGROUP COMMUNITIESUNITED FOR POLICEREFORM IS PUSHINGSTATE LAWMAKERS TOTAKE IT UP AS PART OFA COVID-19 RELIEFPACKAGE.FLOYD'S DEATHAPPEARS TO BEGIVING THAT EFFORTMORE URGENCY.FOR THE I-TEAM,CHARLIE SPECHT, 7

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