White Plains CitizeNetReporter - WPPBA: Release of Police Pistol Permit Owners violated Freedom of Info Law

WPCNR NEWS & COMMENT. By Robert Riley, President, White Plains Police Benevolent Association. January 3, 2012:

Attached please find the letter that I wrote in response to the Journal News article that released the names and addresses of legal gun permit holders in Westchester, Rockland, and Dutchess counties.

As I have stated in the letter about officers and their families safety, they have also put many more legal gun owners and their families at risk, not to mention the victims of domestic violence who got permits to protect themselves and their families from the person that abused them.

It is my belief that Journal News was very irresponsible and did not think about the safety of the whole public in general. What they have done is opened Pandora's box for the bad guys by letting them know who may have a gun permit which in essence gives them a shopping list if they wanted to get their hands on a weapon. This also could let them know who does not have a weapon in their home which gives the bad guy a sense of security that he will not encounter a weapon if he does burglarize the home.

December 31, 2012 SENT VIA ELECTRONIC AND REGULAR MAIL Janet Hasson President/Publisher The Journal News/LoHud Re: December 24, 2012 Guns Permits Article Dear Ms. Hasson: The White Plains Police Benevolent Association represents police officers of all ranks below Chief employed by the City of White Plains, New York. On or about December 24, 2012, The Journal News published, in both print and online, the names and addresses of individuals who have a firearm carry permit in Westchester, Rockland, Dutchess and Putnam counties. I am informed some of the names and addresses of the individuals listed are of active and retired police officers. While I believe these lists were published in the aftermath of the unfortunate tragedy in Newtown, Connecticut and while I believe everything should be done to prevent such tragedies, releasing the names of active and retired police officers endangers their lives and those of their families. Every day, police officers risk their lives to protect the citizens and visitors in their communities. They enforce the laws and detect crime. In performing these duties, officers encounter persons that, for whatever reason, seek retribution against the officers (e.g. for making an arrest or engaging in some other law enforcement action). By making these officers' names and addresses public, such disturbed person seeking to commit acts of violence against an officer and/or his family will be given another tool to obtain critical information about these officers' personal lives. It is for this reason, and for others described below, that I am requesting the Journal News delete from all of you publications, online and print, the names and addresses of all such active and retired officers. I believe it was not the intent of your publication to heighten the dangers the police face each day or to place their families in danger. As such, I am hopeful and confident that you will do the right thing and address this matter expeditiously. There are other, legal reasons why I would request that active and retired officers be removed from publication as part of your ‟firearm carry permit database”. Among them are protections contained in the New York State Civil Rights Law and the New York State Public Officers Law. Section 50-a(1) of the New York State Civil Rights Law provides, in pertinent part: All personnel records...under the control of any police agency or department of the state or any political subdivision thereof or agencies maintaining police forces of individuals defined as police officers in the criminal procedure law...shall be considered confidential and not subject to inspection or review without the express written consent of such police officer...except as may be mandated by lawful court order. I am informed that the legislative purpose behind this statute was to prevent personnel records from being disclosed except when a legitimate need for them has been demonstrated sufficiently to obtain a court order or unless the individual police officer consents to such disclosure. I am aware of no police officer, active or retired, who has given such consent nor am I aware of any court order that would permit the public disclosure of such information. In addition, Section 87, sub-section 2(f) of the New York State Public Officers Law (the States Freedom of Information Law) provides: ‟Each agency shall . . . make available for public inspection and copying all records, except that such agency may deny access to such records or portions thereof that . . .if disclosed would endanger the life and safety of any person (emphasis added). As described in greater detail above, the White Plains PBA believes the publication of its active and retired members contact information would endanger their lives and the lives of their families. I thank you in advance for your anticipated cooperation in honoring this request. I await your reply as soon as possible. Very truly yours, Robert Riley President


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