Intervention Motion Filed in NY Disciplinary Records Case

The New York Civil Liberties Union announced that it has filed a motion to intervene in the Buffalo police and firefighter unions' lawsuit against the City of Buffalo over the release of disciplinary records.

The NYCLU doesn't think the city will try hard enough to make sure all of the records are made public.

“The release of police misconduct reports is an important interest to the people of Buffalo, and we’re not confident in the City of Buffalo’s ability to adequately represent that interest,” said Phil Desgranges, senior staff attorney at the NYCLU, in a statement released Friday. “The city has a long history of non-cooperation with requests for information on police misconduct and a flawed understanding of the law as applied to 50-a and police transparency. Without intervention, the history of officers accused of abuse and misconduct will almost certainly remain secret.”

This summer, amid calls for police reform following mass protests sparked by the killing of George Floyd by a Minneapolis police officer, Gov. Andrew M. Cuomo signed an executive order repealing 50-a, a statute that had long shielded the records of law enforcement and firefighters in New York State. It was considered a great victory for advocates of police reform.

The Buffalo Police Department began releasing some disciplinary records based on Freedom of Information Law requests, but in late July, the city's police and firefighter unions filed a lawsuit seeking to halt the public disclosure of portions of police officers' and firefighters' disciplinary records.

Attorneys for the Buffalo Police Benevolent Association and Buffalo Professional Firefighters Association, Local 282, argued the city should be bound from releasing information about disciplinary matters involving unsubstantiated or pending allegations, or subject to confidential settlement agreements, based on other legal protections.

"No actual evidence is required to make a complaint against a Buffalo police officer or firefighter," the unions' attorneys wrote in court papers. "False or otherwise meritless claims can be brought against members of the police and fire departments based on any number of nefarious or malicious motivations."

State Supreme Court Justice Frank A. Sedita III temporarily blocked the City of Buffalo from publicly releasing three types of records in employees' disciplinary files: unsubstantiated allegations, pending allegations and matters that were the subject of confidential settlement agreements.

The NYCLU announced it had filed a motion Friday to be allowed to intervene as an "interested party" in the case to ensure all disciplinary records are released.

“The repeal of 50-a provides an opportunity to shed light on this and yield information critical to rebuilding trust between the department and the community it is supposed to protect and serve," NYCLU Western Regional Office Director John A. Curr III said in a statement. "That’s even more necessary after the department’s conduct at the protests in June.”

The City hasn't opposed any motions to intervene, said Michael DeGeorge, a spokesman for the City of Buffalo.

"We believe it's an issue that should consider the positions of a broad cross section of the community to allow the court to arrive at a well-reasoned and thoughtful resolution that will uphold the repeal of 50-a and enhance transparency in policing going forward," he said.

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