Teachers Are Fair Game, But Cops' Records Are Off Limits

Late last year five New York media organization filed a Freedom of Information request with the city's Department of Education demanding internal teacher evaluation records. The DOE was set to comply, but the United Federation of Teachers sued to stop the release, arguing the records were inaccurate and that releasing them would be an invasion of privacy. In mid-January a state judge rejected that suit, ruling that "the release of job- performance related information…does not constitute an unwarranted invasion of privacy"—even if the information is wrong.

The UFT has appealed. It's unclear what chance it has of reversing the first ruling. What is clear, however, is that members of other city unions—like the Patrolmen's Benevolent Association, the Uniformed Firefighters Association or the Correction Officers Benevolent Association—will never have to wage a similar fight.

There's an obvious public interest in how teachers are educating the next generation of city residents. The performance of police officers—who have the power to detain, arrest and use deadly force—firefighters who are responsible for saving lives and correction officers who wield total control over people who've been deprived of their liberty also seems a subject of legitimate public interest.

But a recent City Limits Freedom of Information Law request to the NYPD was rejected because a state law specifically exempts police, fire and corrections personnel records from disclosure.

The NYPD Patrol Guide refers to Annual Performance Reports prepared for every "member of service." We requested the most recent annual reports on all NYPD members holding the rank of patrolman or detective. The NYPD politely declined, saying: "I must deny access to these records on the basis of Public Officers Law section 87 (2) (e) and Public 0fficers Law 87(2) (a) in that such records consist of Police Officer personnel records and are therefore exempt from disclosure under the provisions of Civil Rights Law section 50-a."

Public Officers Law section 87 bars the release of any records that "are specifically exempted from disclosure by state or federal statute."

And, indeed, Civil Rights Law section 50-a says that "All personnel records, used to evaluate performance toward continued employment or promotion" for police officers, corrections officers, firefighters and firefighter/paramedics and parole officers "shall be considered confidential and not subject to inspection or review without the express written consent of such police officer, firefighter, firefighter/paramedic, correction officer or peace officer within the division of parole except as may be mandated by lawful court order."

According to Robert Freeman, the executive director of New York State's Committee on Open Government, the exemption applied only to police officers when it was enacted in the late 1970s in response to a court ruling in Broome County that made public records of reprimands of police officers. (Ironically, that Broome County decision was cited in the recent ruling allowing teachers' records to be released.)