Judge: No release of unsubstantiated allegations against NYPD cops

A Manhattan State Supreme Court judge has barred the release of unsubstantiated disciplinary allegations against NYPD officers and other city employees, according to court documents. The ruling temporarily freezes a key component of Mayor Bill de Blasio's police reform efforts.

Wednesday's order from Judge Carol Edmead came in response to a request by a coalition of law enforcement and public safety unions to keep the records sealed.

The judge's ruling also freezes access to "non-final allegations or settlement agreements."

In June, Gov. Andrew M. Cuomo repealed 50-a, — a civil rights law enacted in 1976 that put more restrictions on disclosure of the disciplinary records of law enforcement than those of other public employees — when he signed a package of police reform laws following the furor over George Floyd's death in Minneapolis police custody.

The 50-a statute had long been considered one of the three most restrictive in the country in shielding police disciplinary records from the public. 

De Blasio had vowed to release NYPD disciplinary records after the repeal of 50-a, which was seen as a roadblock by advocates of police accountability. The statute also kept the disciplinary records of firefighters and correction officers statewide from public scrutiny.

On Wednesday, when City Hall was scheduled to release the files, the unions, which included the Police Benevolent Association, the Uniformed Firefighters Association of Greater New York and related groups, got Edmead to order a stop to any document release, pending transfer of the case to federal court.

“We believe we can effectively make our case there,” said Hank Sheinkopf, a spokesman for the unions.

Union lawyers said in court filings that repealing 50-a “does not obliterate preexisting contractual rights” and other legal protections that prevent the city from releasing unproven allegations against any  employee.

 A spokesman for the New York City Law Department said Thursday that the matter was awaiting a hearing before a Manhattan federal judge and the office intends to fight the state court ruling.

“This legal effort is an attempt to halt the city’s compliance with a state law requiring increased transparency to the public,” said spokesman Nicholas Paolucci in a statement. “The repeal of 50-a brings fairness to the way disclosures are handled for city employees across the board. We believe the arguments have no merit and we’ll defend against the claims in federal court.” 

Another police reform issue that law enforcement and union officials believe may wind up in court is the City Council chokehold bill, a measure that not only bars NYPD officers from using the tactic but also subjects them to criminal liability if their kneeling on a person’s back constricts the diaphragm. 

“I have spoken to every one of our [district attorneys] in the city, and that portion of the bill they don’t think is enforceable,” said Chief of Department Terence Monahan of the diaphragm provision during a WCBS radio interview Thursday. “They believe there are constitutional issues.”

Monahan said the city diaphragm provision could create conflicting legal scenarios for police pursuing criminals.

“The idea that in Queens, if I put my knee on someone's back I am violating the law, but if I cross the border chasing someone into Nassau [County] it is not a crime” is nonsensical, Monahan said.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.