NY State Senate Bill 2013-S4818

Senate Bill S4818

Vetoed By Governor

2013-2014 Legislative Session

Relates to the release of personnel records or information contained therein of first responders

download bill text pdf

Archive: Last Bill Status Via A7158 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 17, 2014	tabled vetoed memo.538
Dec 05, 2014	delivered to governor
Jun 18, 2014	returned to assembly passed senate 3rd reading cal.903 substituted for s4818
Jun 18, 2014	substituted by a7158
May 28, 2014	advanced to third reading
May 21, 2014	2nd report cal.
May 20, 2014	1st report cal.903
Jan 08, 2014	referred to codes
Apr 24, 2013	referred to codes

Votes

- Jun 18, 2014 - Floor Vote
  A7158
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2014
      
      aye (59)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Golden
  May 20, 2014 - Codes Committee Vote
  S4818
  
  14
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 20, 2014
      
      aye (14)
      
      Boyle
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Krueger
      
      Lanza
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Perkins
      
      Squadron
      
      aye wr (2)
      
      Avella
      
      Hoylman-Sigal

2013-S4818 (ACTIVE) - Details

See Assembly Version of this Bill:: A7158
Law Section:: Civil Rights Law
Laws Affected:: Amd §50-a, Civ Rts L

2013-S4818 (ACTIVE) - Summary

Relates to the release of personnel records or information contained therein of first responders; allows such release upon the authorization of the subject employee.

2013-S4818 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4818

TITLE OF BILL:  An act to amend the civil rights law, in relation to
personnel records of police officers, firefighters and correction
officers

PURPOSE:  This bill would expand the rights of employees whose
personnel information is considered confidential and not subject to
inspection or review unless when mandated by lawful court order.

SUMMARY OF PROVISIONS:  This bill amends subdivisions 1 and 4 of
section 50-a of the civil rights law

JUSTIFICATION:  The information used to evaluate performance toward
continued employment or promotion, as well as the information
contained therein should be released upon receipt of a request,
provided that such request is accompanied by a written authorization
signed by the subject employee authorizing the release of such record.

In 2006, at least 35 NYPD police officers had been chosen for
employment with the Port Authority Police Department ("PAPD"). As part
of the PAPD's background investigation into the applicant police
officers, the PAPD sought employment and personnel records from the
NYPD. The police officers then signed for their records to be released
to the PAPD.

However, the NYPD refused to release the records, and refused to allow
the PAPD investigators to review the personnel records at NYPD
Headquarters. The NYPD would release only an "abstract," providing
name, last job title, dates of employment, and if separated, reason
for separation. As a result of the NYPD's refusal to provide the
records, the PAPD deferred the police officers' applications. In 2006,
the PBA organized and financed an Article 78 proceeding on behalf of
the police officer PAPD applicants challenging the NYPD's policy of
refusing to release the employment records or grant access to such
records. The police officers prevailed on their request for a
preliminary injunction in aid of the Article 78; however, the
injunction was reversed by the First Department Appellate Division on
the basis that the NYPD's policy of restricting access to personnel
records is well within the Police Commissioner's discretion and broad
powers granted by the New York City Charter. Further, the court found
that the police officers' reliance on Civil Rights Law § 50-a was
misplaced, since "this law,...does not require the release of
personnel records to third parties and in any event, the statute does
not create a private right of action for police officers for a claimed
violation of Civil Rights Law § 50-a." As a result of the First
Department's decision, the police officers were not hired by the PAPD.

These officers should have the right to access their own personal
records and give written authorization for another entity to also
access those files.

LEGISLATIVE HISTORY:  New Bill

FISCAL IMPLICATIONS:  See the bill.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S4818 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4818

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to  personnel  records
  of police officers, firefighters and correction officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 4 of section 50-a of  the  civil  rights
law,  subdivision  1  as amended by section 53 of subpart B of part C of
chapter 62 of the laws of 2011 and subdivision 4 as amended  by  chapter
778  of  the  laws of 1981, are amended and two new subdivisions 5 and 6
are added to read as follows:
  1. All personnel records used to evaluate performance toward continued
employment or promotion, OR INFORMATION  CONTAINED  THEREIN,  under  the
control of any police agency or department of the state or any political
subdivision thereof including authorities or agencies maintaining police
forces  of individuals defined as police officers in section 1.20 of the
criminal procedure law and such personnel records under the control of a
sheriff's department  or  a  department  of  correction  of  individuals
employed  as  correction  officers  and such personnel records under the
control of a paid fire department or force of  individuals  employed  as
firefighters  or firefighter/paramedics and such personnel records under
the control of the department of corrections and  community  supervision
for individuals defined as peace officers pursuant to subdivisions twen-
ty-three  and  twenty-three-a  of section 2.10 of the criminal procedure
law shall be considered confidential and not subject  to  inspection  or
review without the express written consent of such police officer, fire-
fighter,  firefighter/paramedic,  correction  officer  or  peace officer
within the department of corrections and community supervision except as
may be mandated by lawful court order.
  4. The provisions of this section shall  not  apply  to  any  district
attorney  or  his  OR HER assistants, the attorney general or his OR HER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10235-01-3

S. 4818                             2

deputies or assistants, a county attorney or  his  OR  HER  deputies  or
assistants,  a corporation counsel or his OR HER deputies or assistants,
a town attorney or his OR HER deputies or assistants, a village attorney
or  his  OR  HER  deputies or assistants, a grand jury, or any agency of
government which requires the records described in  subdivision  one  OF
THIS  SECTION, in the furtherance of their official functions AND PURSU-
ANT TO AN OFFICIAL CRIMINAL INVESTIGATION.
  5. UPON RECEIPT OF A REQUEST FROM AN ENTITY FOR THE RECORDS OR  INFOR-
MATION  CONTAINED  THEREIN DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
ANY AGENCY SUBJECT TO THIS SECTION SHALL RELEASE SUCH RECORDS OR  INFOR-
MATION  TO  THE  REQUESTING ENTITY AS SOON AS PRACTICABLE, PROVIDED THAT
SUCH REQUEST IS ACCOMPANIED BY A WRITTEN  AUTHORIZATION  SIGNED  BY  THE
SUBJECT  EMPLOYEE AUTHORIZING THE RELEASE OF SUCH RECORDS OR INFORMATION
TO THE ENTITY.
  6. ANY POLICE OFFICER, FIREFIGHTER, FIREFIGHTER/PARAMEDIC,  CORRECTION
OFFICER OR PEACE OFFICER WITHIN THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY  SUPERVISION  CLAIMING TO BE AGGRIEVED BY THE INSPECTION, REVIEW OR
DISCLOSURE OF THE RECORDS OR INFORMATION CONTAINED THEREIN DESCRIBED  IN
SUBDIVISION  ONE  OF  THIS  SECTION,  OR  BY THE FAILURE OF AN AGENCY TO
RELEASE SUCH RECORDS OR INFORMATION PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF  COMPETENT  JURIS-
DICTION FOR DAMAGES AND FOR INJUNCTIVE RELIEF AND SUCH OTHER REMEDIES AS
MAY BE APPROPRIATE, INCLUDING REASONABLE ATTORNEY'S FEES.
  S 2. This act shall take effect immediately.

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