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9.29.

MEMORANDUM OF AGREEMENT

Attachment: PBA Revisions to Town FOIL Policy 9-17 (5704 : Disc-Reso Authorizing Supervisor to Execute MOA with Police Fraternity)
BETWEEN
THE TOWN OF FISHKILL
AND THE
TOWN OF FISHKILL POLICE FRATERNITY, INC.

WHEREAS, effective June 12, 2020, New York State Civil Rights Law, Section 50-a was
repealed by Chapter 96 of the Laws of 2020 (“Legislative Enactments”); and
WHEREAS, prior to such repeal, police personnel records were not subject to disclosure
in New York State; and
WHEREAS, pursuant to such Legislative Enactments, the New York State Public Officers
Law was also amended adding provisions concerning law enforcement disciplinary records; and
WHEREAS, New York State Civil Service Law, Article 14 (“Taylor Law”) imposes an
obligation on public employers in New York State to negotiate terms and conditions of
employment prior to imposing determinations unilaterally that would affect such terms and
conditions of employment; and
WHEREAS, the Town of Fishkill, pending compliance with Taylor Law, has not released
police personnel records for Town police officers; and
WHEREAS, on August 21, 2020, representatives of the Town of Fishkill and the Town of
Fishkill Police Fraternity, Inc. and the New York State Union of Police Associations (“NYSUPA”)
met for the purposes of establishing mutually agreed terms for the release of police personnel
documents and/or law enforcement disciplinary records.
NOW THEREFORE, the parties agree as follows:
1. Employees shall be entitled to review all of their personnel records in compliance with
the collective bargaining agreement (CBA).

2. Where records on file with the employer or any other entity or person will be released
pursuant to a FOIL request a copy of the records shall be made available for review by
the employee with such copy being provided to the employee at least two (2) business
days prior to the scheduled release of such documents. Such copy shall reflect any
proposed redactions without concealing the material. The term “records” shall include
any audio, video or any similar media recording. If an employee objects to the potential
disclosure of any record pursuant to a FOIL request, he/she may notify the Chief of
Police, or his designee, in writing. If the employer believes that the record is subject
to disclosure, the employee shall be notified in writing and afforded ten (10) business
days to commence a proceeding to preclude the release of such document(s).

3. All disciplinary records reflecting a finding of guilt that indicate a time for removal or
are subject to removal under any provision of the CBA shall be removed/expunged

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9.29.a

from an employee’s personnel file by the date indicated on such document and

Attachment: PBA Revisions to Town FOIL Policy 9-17 (5704 : Disc-Reso Authorizing Supervisor to Execute MOA with Police Fraternity)
destroyed by the Department.

4. No pending, exonerated, unfounded or unsubstantiated complaints or charges shall be


considered or made part of an employee’s personnel or disciplinary file/records. No
such pending, exonerated, unfounded or unsubstantiated complaints or charges shall be
released under FOIL.

5. When a FOIL request is received for personnel/disciplinary records, a copy of the


request will be provided to the Union President and employee(s) named, including
retired and separated employees, within two (2) business days of receipt. Delivery shall
be by electronic mail at the email address on file with the Department. It shall be the
responsibility of the individual officers and Union to maintain up to date email
addresses for such purposes.

6. Copies of responses to the FOIL request shall be provided to the Union President and
employee(s) named, at the same time as provided in response to the FOIL, by electronic
mail at the email address on file with the Department. It shall be the responsibility of
the individual officers and Union to maintain up to date email addresses for such
purposes.

7. The employer shall redact and/or deny access to law enforcement disciplinary records
under FOIL if they fall within the exemptions set forth in Public Officers Law §§87
and/or 89.

8. No disciplinary records will be posted on the municipal or agency’s web or social


media sites, including those in response to a FOIL request. However, nothing here in
shall preclude the Town from posting such records on the Town website or in a Town
database if one is created in the future for public access to various categories of Town
records, not specific to police disciplinary records.

9. Alleged procedural violations of this policy will be subject to the grievance procedure
in the CBA. However, determinations to release records under statute (e.g. FOIL) shall
not be subject to the grievance procedure. However, as set forth herein, the Union or
employee shall be afforded an opportunity to seek court relief prior to the release of
records.

10. The Town shall not release disciplinary records constituting technical infractions as
defined in the Public Officers Law § 86.

11. Records that do not fall under the definition of law enforcement disciplinary records
that include statements of misconduct by an officer shall be withheld or redacted, as
necessary, to exclude any such material.

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9.29.a

12. The terms of this Agreement shall be attached to the parties’ current CBA and incorporated

Attachment: PBA Revisions to Town FOIL Policy 9-17 (5704 : Disc-Reso Authorizing Supervisor to Execute MOA with Police Fraternity)
into the parties’ successor CBA.

IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS


AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS
IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE
ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE
APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.

Dated: September ___, 2020

FOR THE TOWN OF FISHKILL FOR THE TOWN OF FISHKILL


POLICE FRATERNITY, INC.

_________________________ _______________________
Azem “Ozzy” Albra, Supervisor Frank Vidal, President

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