public records

Concerning Police Arms Use Public Records

Following a complaint brought before the NYCLU (the New York Civil Liberties Union) by a citizen who was injured because of the unjustified use against him of the so-called taser by city police officer, the Union filed a lawsuit to dispute the city of Saratoga Springs decision to refuse to honor the request to disclose documents that contain information on the details and instructions of the ways and situations where the city police could use the said weapon against individuals. Concerning Police Arms Use Public Records

The Union believe that being public records, such instructions covering the uses of this dangerous weapon, completely fall under the provisions of Public Records Act and can’t be exempt from the disclosure. Because these weapons constitute danger to human health and even life, the public has the right to know and control the use of them.

In April, Acting in compliance with the Freedom of Information Law (FOIL), the NYCLU filed a request with the city council asking for disclosure of a number of public records, and particularly of the reports reflecting consequences of the use by the police of the said tasers. The city refused to honor the request arguing that such disclosure of the public records could jeopardize the personal safety of the police officers. The Saratoga Springs City Police Chief believes that the requested documents fall under the category of agency insider records, meaning they don’t belong to public records, and therefore they are exempt from the Public Records Law. In support of his attitude the official cited the state statute specifying categories and kinds of documents that should be kept private.

A brief background check investigation based on publicly available information concerning incidents involving using tasers could reveal that there were instances when using this weapon by the police lead to bodily injuries, severe burns, and even fatalities, while the general public doesn’t even have a clear idea how such records are maintained and stored.