The Town of Blooming Grove Police Department has for many years enjoyed an
amicable relationship with the staff at the Times Herald Record. The recent Freedom of
Information Law (“F.O.I.L.”) audit completed by the Times Herald Record and
the previous survey completed in 2005 have unfortunately been the source of some confusion
for both the newspaper and this department and perhaps this letter can clear up some
of that confusion.  

In 2005, the Times Herald Record conducted their first Freedom of Information Law
audit in much the same manner as their most recent examination. A student from SUNY
New Paltz recruited by the Times Herald Record as part of their audit team had
approached one of the department’s detectives in the police parking lot and requested
police incident reports filed with the department during specific dates given to
the detective by the student. The detective, after a brief inquiry, instructed the student to
complete a Freedom of Information Law request form at the Blooming Grove Town Hall
and to submit that same request to the chief of police. Upon reviewing the request, the
records sought were retrieved, reviewed and prepared for the student. On two occasions
our records clerk telephoned the student, (leaving messages on her answering machine
both times), advising the student that the records were available for pick up, as well as the
cost associated with producing the documents. Despite the fact that the documents were
made available, (but never picked up), the Times Herald Record article appearing in the
newspaper following their completion of the audit, gave the Blooming Grove Police
failing marks for not producing the records.

The amicable relationship that I referred to above usually begins with a new Times
Herald Record “beat” reporter arriving at police headquarters requesting information on
the latest activity handled by the department. These visits normally stop in less than a
week and turn into telephone inquiries upon the realization that the time, effort and gas
money spent on driving out to headquarters is just not prudent. It takes another two days
for these telephone calls to cease when the reporter discovers that there are busier police
departments in other parts of the county, which usually results in the Blooming Grove
Police Department telephoning the Times Herald Record to report an arrest. That’s right-
the Blooming Grove Police Department telephones the Times Herald Record and advises
their staff that an arrest has been made and that the information is available. The Police
Department does this not to sensationalize the incident or the arrest, but to provide the
public with information that a serious crime was committed, investigated and that those
responsible for its commission have been apprehended.

The reporter that appeared at police headquarters during this past survey was incorrectly
thought, by me, to be that new “beat” reporter. I had asked that he be more specific in his
request since he asked to see the “police arrest records.” Did he want to see the records
pertaining to a recent arrest or all arrest records of a certain year? I would have been
more than willing to review a particular arrest report and then speak to him about the
arrest-releasing to him only that information that I was permitted to release under law or
that I could without interfering with an ongoing investigation. I never got the chance,
since he left quickly without any further discussion. It was my mistake however, for not
giving him the response I expect all members of the department to give- the response the
detective in 2005 gave the college student- “Complete a “F.O.I.L” request.”

Below are statistics relative to the Freedom of Information Law requests received by the
Blooming Grove Police for arrest records for the year 2007. Keep in mind that when
members of the public “F.O.I.L.” an arrest file, (which does not occur often) they are
incident or arrest specific. They know exactly what they want and who it pertains to.
Also keep in mind that for the most part, attorneys, not the general public or members of the
press request arrest records.

Number of F.O.I.L. requests received for arrest records in 2007 --------------10

Number of F.O.I.L. requests where disclosure of records were denied in 2007----------9

Reasons for nondisclosure: Both of which are listed as deniable records under
New York State’s Open Government Laws:

1 request denied in part; basis – Certain records were specifically exempted from
disclosure by state statute;

9 requests denied; basis - records or portions thereof that are compiled for law
enforcement purposes and which if disclosed would interfere with law enforcement
investigations or judicial proceedings.

Were written denials forwarded to the requestor explaining the appeal process?
Yes, in all cases.

Number of written appeals filed by the requestor----------------0

Further break down of the above statistics: 

Five of the cases cited above involved two separate fatal motor vehicle accidents where
four law firms and one private investigator requested records for future civil action.
Historically, these requests are initially denied pending the criminal proceedings. Upon
the completion of the criminal proceeding, subsequent F.O.I.L. requests would result in
the forwarding of all records requested provided none of the records have become
specifically exempt from disclosure by state statute i.e., a defendant is adjudicated a
youthful offender.

The remaining four requests were criminal cases that were all in a trial posture either
in county court or local criminal court. Trial posture refers to cases that have been presented
to the grand jury or scheduled for trial in county or local criminal court.

Questions I have regarding the release of incident records are addressed by telephoning
Mr. Robert Freeman of the Committee on Open Government, which is part of the
Department of State in Albany, New York. Mr. Freeman, who is the executive director of
the committee, is an intelligent and articulate individual who I have had the pleasure of
speaking with countless number of times, (as well as attending two of his seminars on
Freedom of Information Law) for over the past fourteen years as police chief.

In addition to the Committee on Open Government, I also confer with Executive District
Attorneys Rich Ruggeri and David Huey of the Orange County District Attorneys Office
if questions arise prior to making a determination on the release of arrest records.

A review of the requested arrest records sought is always conducted by the department.
Telephone requests have been made in the past to the Blooming Grove Police
Department from other police agencies for arrest records that were not available-even to
those other police agencies, thus underscoring the importance of carefully reviewing the request.

One of the categories that relate to deniable records pertains to those records that are
“specifically exempt from disclosure by state statute.” An example involves those
individuals that are granted youthful offender status resulting in their records being
sealed, and available to only those permitted under section 720.35 sub division (2) of the
Criminal Procedure Law. Obviously sealed records would not be disclosed, but care must
be taken in reviewing recent arrest records of individuals eligible for youthful offender
status where the accusatory instrument has already been filed with the court. The filing of
the accusatory instrument with a court could prevent that record from being released to
the public and counsel’s advice would and has been sought by the department in that situation.

I hope that I have been able to clarify my response specifically to the latest Times Herald
Record audit and I sincerely apologize for not doing a better job addressing the reporters’
request to see police arrest records. This would have been accomplished by simply
advising the reporter to fill out a F.O.I.L. request which is department policy. In general
however, I hope I have illustrated the seriousness in which I treat this subject, along with
the amount of review, research and consultation that is conducted prior to the release of
such records.

As long as I am the Chief of Police, the Town of Blooming Grove Police Department will
never release arrest records “on the spot” or “immediately” to anyone, including Times
Herald Record reporters. Careful review under the allotted time permitted by law will
always be conducted so the public’s right to know, as well as an agencies right not to
disclose are legally preserved.