As of 1976, the state of New York permitted that all personnel records of any police agency, department of the state, or any political subdivision be considered confidential and not subject to review or inspection unless given consent by that person or it is court ordered. This means any misconduct or allegations made against someone can be swept under the rug and never see daylight again. Times have changed and the world is no longer what it used to be 44 years ago. As you read this petition you will learn of Section 50-a and our justification. We do not accept any amendments or revisions to 50-a. We want a repeal. 

§ 50-a of the New York State Civil Rights Law states the following:

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 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 twenty-three and twenty-three-a of section 2.10 of the criminal procedure law and such personnel records under the control of a probation department for individuals defined as peace officers pursuant to subdivision twenty-four 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, firefighter, firefighter/paramedic, correction officer or peace officer within the department of corrections and community supervision or probation department except as may be mandated by lawful court order.
2. Prior to issuing such court order the judge must review all such requests and give interested parties the opportunity to be heard. No such order shall issue without a clear showing of facts sufficient to warrant the judge to request records for review.
3. If, after such hearing, the judge concludes there is a sufficient basis he shall sign an order requiring that the personnel records in question be sealed and sent directly to him. He shall then review the file and make a determination as to whether the records are relevant and material in the action before him. Upon such a finding the court shall make those parts of the record found to be relevant and material available to the persons so requesting.
4. The provisions of this section shall not apply to any district attorney or his assistants, the attorney general or his deputies or assistants, a county attorney or his deputies or assistants, a corporation counsel or his deputies or assistants, a town attorney or his deputies or assistants, a village attorney or his deputies or assistants, a grand jury, or any agency of government which requires the records described in subdivision one, in the furtherance of their official functions.

Our Justification

§ 50-a of the New York State Civil Rights Law permits law enforcement officers to refuse disclosure of "personnel records used to evaluate performance toward continued employment or promotion." This exemption was adopted in 1976 by the Legislature in order to prevent criminal defense lawyers from using such records in cross examination of police witnesses during criminal prosecutions. According to the 2014 annual report by the State Committee on Open Government to the Governor and the State Legislature, "this narrow exemption has been expanded in the courts to allow police departments to withhold from the public virtually any record that contains any information that could conceivably be used to evaluate the performance of a police officer."

The evolution of § 50-a has defeated The Freedom of Information Law's (FOIL) goal of accountability and transparency. FOIL already provides all public employees, including those protected under § 50-a, the protections necessary to guard against unwarranted invasions of privacy and from disclosures that could jeopardize their security or safety. Furthermore, courts have the ability to protect against improper cross examination and determine if police records are admissible in a trial,
without the denial of public access to information regarding police activity created by § 50-a.

The 1976 enactment of § 50-a may have been necessary to safeguard law enforcement officers from improper personnel record exposure during
criminal prosecutions, but that is no longer the case today. The general rules and statutory exceptions of FOIL, for example, in instances that disclosure would constitute an unwarranted invasion of privacy are sufficient in protecting police from unfair cross examination by criminal defense lawyers. Moreover, the State Committee on Open Government notes that "(§ 50-a) creates a legal shield that prohibits disclosure, even when it is known that misconduct has occurred. "FOIL's public policy goals, which are to make government agencies and their employees
accountable to the public, are thus undermined by the statute. Outright appeal of this statute will positively affect public trust in law enforcement and serve to hold police and other uniformed law enforcement officials to the same level of accountability applied to all other public employees.

"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

- Declaration of Independence (1776)

We the people, move to have § 50-a of the New York State Civil Rights Law repealed.