Records Requests (FOIL)
It is the policy of the Plattsburgh Police Department to comply with the Freedom of Information Law (FOIL) and to release information and records as set forth in Article 6, of the Public Officers Law of the State of New York. All records are subject to disclosure unless they are covered by specific statutory exemptions. Management shall be responsible to ensure all applicable statutes are followed.
II. EXEMPT RECORDS
- The following records compiled by the Plattsburgh Police Department that ARE NOT subject to copying include, but are not limited to:
- Records that are specifically exempt from disclosure by State or Federal statute
- Records that would impair present or imminent contract awards or collective bargaining negotiations.
- Records which are compiled for law enforcement purposes and, which, if disclosed, would:
- Interfere with law enforcement investigation or judicial proceedings;
- Deprive a person of a right to a fair trial or impartial adjudication;
- That would constitute an unwarranted invasion of personal privacy under the provisions of Article 6, §89 (2) of the NYS Public Officers Law.
- Identify a confidential source or disclose confidential information relating to a criminal investigation, or;
- Reveal criminal investigative techniques or procedures, except routine techniques and procedures.
III. NON-EXEMPT RECORDS
- The Department shall make the following records available for release, unless one or more the previously stated exemptions apply:
- Those statements of policy and interpretations which have been adopted by the Department and any other documents, memoranda, data, or other materials constituting statistical or factual tabulations which led to the formulation thereof;
- Internal or external audits and statistical or factual tabulations made by or for the Department;
- Administrative staff manuals and instructions to staff that affect members of the public;
- Police blotters and booking records, unless the information contained is of a confidential nature, or may jeopardize and on-going investigation;
- Any other files, records, papers or documents required by any other provision of law to be made available for the public.
IV. FOIL REQUEST PROCEDURES
- All requests must be made in writing. Oral requests will only be accepted when records are readily available (i.e. MV-104a or Report of Incident Verification)
- Requests for copies of identifiable records from other City Departments will be referred to the City Clerk's Office.
- Individuals requesting records will be provided with information on how to complete a Freedom of Information Application (FOIA)
- All requests must be submitted electronically (fax or email) or by US mail
- Each request should be specific enough so that the records may be identified or located
- A written response to a request will be given within five (5) business days of receipt and will include:
- Acknowledgement of receipt of request
- Timeframe in which records will be made available
- Estimated cost for records (if any)
- Method by which records will be sent (i.e. email, US mail, Fax)
- If records requested are not kept by this department, instructions/information on how to obtain the records will be provided.
- Individuals requesting records that are "Sealed" will be asked to complete a Notarized Identification Form
- Records requests will be reviewed by Department Management prior to release
- In the case of a denial, the individual will be advised that he/she may appeal the denial to the Mayor's Office. The individual will be required to:
- Provide a written response to the denial stating the reasons for the appeal
- All appeals must be sent to the Mayor's Office:
41 City Hall Place
Plattsburgh, NY 12901
V. MOTOR VEHICLE ACCIDENT REPORTS
- New York State Public Officers Law, Article 4, Section 66-a, governs access to motor vehicle accident police investigative reports and records for interested/involved parties. That law is intended to provide reports pertaining to motor vehicle accidents to involve parties, parties with legitimate interest, or representative or such persons including attorneys and insurance companies.
- Motor Vehicle Accident Reports (MV-104a) should be requested through the website www.buycrash.com
- As allowed by law:
- Requests for records that are less than 20 pages will have NO CHARGE
- Requests for records that are more than 20 pages long will have a fee of $0.25 per page
- MV-104a will have a charge of $10
- Extra charges will be applied to requests that include photos or media (CD/DVD)
- Payments must be made by check or money order payable to the Plattsburgh Police Department. Upon receipt of payment, a copy of the applicable record(s) will be prepared and forwarded directly to the requestor. Be advised that a criminal investigation will be conducted and appropriate charges may be brought pursuant to the New York State Penal Law if a check is returned due to insufficient funds or accounts closed.
VII. Submitting a FOIA form
US Mail:Plattsburgh Police Department Attn: Records 45 Pine St. Plattsburgh NY 12901
Electronic Submission:Fill out the FOIL Request in the Forms Center