Provides for the confidentiality of personnel records maintained by the department of taxation and finance for individuals defined as police and peace officers.

---

S5128-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• May 3, 2011: REFERRED TO CODES

S5128-2011 Memo

BILL NUMBER:S5128

TITLE OF BILL:
An act
to amend the civil rights law, in relation to the confidentiality of
certain personnel records maintained by the department of taxation and
finance

PURPOSE:
To amend the Civil Rights Law so as to include police
officers and peace officers employed by the Department of Taxation
and Finance within the group of law enforcement and public safety
officials whose personnel records are deemed confidential by statute.

SUMMARY OF PROVISIONS:
The bill would amend Section 50-a of the Civil
Rights Law to render confidential the personnel files of those
individuals in the Department of Taxation and Finance who hold peace
officer status pursuant to section 2.10 of the Criminal Procedure Law
(CPL) or police officer status pursuant to section 1.20 of the CPL.

EXISTING LAW:
Presently, Section 50-a of the Civil Rights Law renders
confidential the personnel files of police officers, State and county
correction officers, firefighters and firefighter/paramedics, and
parole officers. Such records may only be reviewed or inspected with
the consent of the affected employee or pursuant to a lawful court
order.

JUSTIFICATION:
This bill grants protection to law enforcement
personnel employed by the Department of Taxation and Finance, similar
to that granted to other law enforcement personnel and firefighters,
and most recently to Parole Officers by Chapter 137 of the Laws of
2002.
The Department of Taxation and Finance is responsible for enforcing
criminal laws that relate to taxes including taxes on cigarettes and
tobacco products, alcoholic beverages, gasoline and sales and use
taxes. The Department employs law enforcement professionals who are
authorized under the Criminal Procedure Law to exercise the powers of
police officers and peace officers in enforcing these tax laws. Their
duties include criminal investigations, serving warrants, and making
arrests. These duties expose them to the same risks as other law
enforcement officers and they must maintain similar levels of
physical fitness to perform their duties. They should therefore be
granted the same type of protection as that offered to other law
enforcement professionals.

In the absence of this protection, a person who is the subject of a
criminal investigation by these law enforcement officers could obtain
access to the personnel records of an enforcement officer. which
could reveal that officer's home address and other information that
could be used to threaten or harass an officer or their family. The
law has recognized the need for this confidentiality for other law
enforcement personnel. Since these employees of the Department of


Taxation & Finance also perform law enforcement duties, they need
similar protection.

LEGISLATIVE HISTORY:
Bill S.1295 passed the Senate in 2007 and 2008.
Bill S.2159 passed the Senate in 2005 and 2006.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S5128-2011 Text

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

                                    5128

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced  by  Sen.  FARLEY -- 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 the confidentiality
    of certain personnel records maintained by the department of  taxation
    and finance

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


    Section 1. Subdivision 1 of section 50-a of the civil rights  law,  as
  amended  by  section 53 of subpart B of part C of chapter 62 of the laws
  of 2011, is amended to read as follows:

    1. All personnel records used to evaluate performance toward continued
  employment or promotion, 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 depart-
  ment   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  individ-
  uals defined as peace officers pursuant to subdivisions twenty-three and
  twenty-three-a  of  section  2.10 of the criminal procedure law AND SUCH
  PERSONNEL RECORDS UNDER THE CONTROL OF THE DEPARTMENT  OF  TAXATION  AND
  FINANCE  FOR  INDIVIDUALS DEFINED AS POLICE OFFICERS PURSUANT TO SECTION
  1.20 OF THE CRIMINAL PROCEDURE LAW OR  AS  PEACE  OFFICERS  PURSUANT  TO
  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW shall be considered confiden-
  tial and not subject to inspection or review without the express written
  consent  of  such  police  officer,  firefighter, firefighter/paramedic,
  correction officer, PEACE OFFICER OR  POLICE  OFFICER  EMPLOYED  BY  THE
  DEPARTMENT  OF  TAXATION AND FINANCE or peace officer within the depart-
  ment of corrections and community supervision except as may be  mandated
  by lawful court order.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03543-02-1