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 statues 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 statue
- 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 investigations or judicial proceedings (open cases);
- 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 of 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 any jeopardize an 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 Requests 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 shoudl be specific enough so that the recors may be identified or located
A written response to a request will be given within five (5) business days of receipt and will include:
- Acknowledgment of reciept of request
- Timeframe in which the records will be made available
- Estimated cost for records (if any)
- Method by which records will be sent (i.e. email, US mail, or 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 Notorized Identification Form.
Records requested will be reviewd 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 resons for appeal
All appeals must be sent to the Mayor's Office:
City Of Plattsburgh
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 inteded to provide reports pertaining to motor vehicle accidents to involved 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 will have a fee of $0.25 per page for ALL pages
- MV-104a will have a charge of $10.00
- 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 forwarded directly to the requestor. Be advised that a criminal investigation will be conducted and appropriate charges may be brough 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
- Email: firstname.lastname@example.org
- Electronic Submission: Records Request (FOIL)
- Fax: (518)566-9000
- US Mail: Plattsburgh Police Department, Attn: Records, 45 Pine Street, Plattsburgh, NY 12901