Matter of Daily Gazette Co. v. City of Schenectady

In Matter of Daily Gazette Co. v. City of Schenectady (93 NY2d 145 [1999]) petitioners were two local newspapers which covered events in the Schenectady area. The incident underlying petitioners' FOIL request occurred when a chartered busload of off-duty Schenectady officers celebrating a bachelor party had an incident with civilians in a different automobile wherein certain of the officers pelted the civilians' vehicle with raw eggs. Following the incident, the Schenectady Chief of Police confirmed that the incident occurred and that 18 officers, who admitted their participation in the incident, were disciplined in varying degrees. Petitioners then made FOIL requests to the Schenectady Police Department for "all documents related to disciplinary actions" or the identities of the sanctioned officers and the specific punishment imposed upon each. The Police Department denied petitioners' request pursuant to Civil Rights Law 50-a. In finding that petitioners' identity and purpose for making the FOIL request was not dispositive of the matter, the Court of Appeals held that: "when access to an officer's personnel records relevant to promotion or continued employment is sought under FOIL, nondisclosure will be limited to the extent reasonably necessary to effectuate the purposes of Civil Rights Law 50-a--to prevent the potential use of information in the records in litigation to degrade, embarrass, harass or impeach the integrity of the officer." (Daily Gazette, 93 NY2d at 157-158.)