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Disciplinary records and ethics violations, January 27, 2012

20 contributors
Disciplinary records and ethics violations one page introduction.
Links:

Tips:

  • Proving that the release of info is in "public interest" ...aids in overriding the personal privacy argument. Effectiveness of argument also varies depending on the judge as well.
  • That only works in a few states that allow it, sometimes the exemption holds despite public interest
  • Anyone here from Arizona? I've gotten police reports when investigation is still open - without subpoena.
  • Oakland dumps lots of records in a "monitored" storage. Sign in to see acknowledged public records, then snoop to see others.
  • Allegations can be false and releasing information can jeopardize investigations, tough call.
  • Employment grievances are FOIAble, as are disciplinary cases. That's in the Act. (Editor’s note: what state?)
  • Employee reviews don't necessarily = personal info, as they comprise part of job for the public.
  • In many states, allegations are private but punishments and convictions are public
  • In some states, the presumption is misconduct allegations are public. In others because of privacy, the are considered private.

New York

  • In NY, searching for State and City employee ethics records are entirely different. NYC > NYS, period.
  • NYC: Conflicts of Interest Board - does a decent job housing records & making records accessible in digital form.
  • Big exception in NYC is NYPD - they're a pain to get records from. Even their version of an ethics code has to be either FOIA-ed or bought.
  • For NYS, it's the new Joint Commission on Public Ethics which are, as per NY law, exempt from FOI and open meeting laws.
  • For NYS ethics investigations, unless a case ends up w a charge e.g. a fine, it's not public info. That means if you wanted to know how the ethics committee decided it wasn't worth fining an employee, you'd never know.
  • That is a real shame but somewhat understandable to prevent false accusations from getting out

Questions:

  • We're speaking of misconduct and corruption, but can/should employee records be used to laud exception gov't employees?
  • If anyone has advice on how to get records from the NOLA PD - I've tried certified mail, calling, e-mail...no response.
  • Has anyone tried to request documents from complaints about private citizens, i.e. complaints about doctors submitted to governments?
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