Senator Sue Serino Voted Against 50-a Repeal For Police Record Transparency, And The Beacon PBA's (Police Union) Position

Governor Cuomo signed the repeal of 50-a, which now allows for transparency of prior disciplinary records of law enforcement officers. Records can be acquired through a FOIL (Freedom Of Information Law) request. The repeal was part of a broader 'Say Their Name' reform agenda to reduce inequality and reimagine the state's criminal justice system.

The shielding law was originally passed in 1976. Since then, it has been fought against by “advocates, including New Yorkers United for Justice, and legal organizations such as the Legal Aid Society and the New York Civil Liberties Union, have pushed for the repeal of 50-a in the name of transparency,” according The Daily News.

According to the press released issued by Governor Cuomo’s office: “Section 50-a of the New York State Civil Rights Law creates a special right of privacy for the personnel records of police officers, correction officers, and firefighters and paramedics employed by the State or political subdivisions. The current law prevents access to both records of the disciplinary proceedings themselves and the recommendations or outcomes of those proceedings, leading to records of complaints or findings of law enforcement misconduct that did not result in criminal charges against an officer almost entirely inaccessible to the public.”

The vote was passed down party lines, with all Democrats voting for, and all Republicans voting against, including Senator Sue Serino, whose senate district includes the Highlands. As reported in the Highlands Current, she explained: “In a statement on Thursday, Serino said she could not ‘in good faith’ vote to repeal 50-a. While there must be ‘zero tolerance for police brutality, racism, hate or violence,’ she said the bill ‘goes too far in allowing for the release of false accusations, unfounded and unsubstantiated claims.’”

While that possibility exists, reports are made public about citizens who are involved in a dispute, or medical professionals who have their licenses revoked for misconduct, whether made vengefully or not. To have zero indication about someone’s behavior, who has the right to behave physically against your person to to speak rudely to your person, seems like a mis-match. To not be able to learn how it was judged by a review board or investigation does not help anyone who wants to learn more about someone who has a powerful physical and emotional advantage over them - by law.

Senator Anna Kaplan (Monahemi) explained why she voted in favor of repealing 50-a. Senator Kaplan is the first “Iranian-American to be elected to either of New York state's legislative chambers, and she is the first former political refugee to serve in the New York Senate, according to Wikipedia:

“I came to this country as a 13 year old girl fleeing the revolution that had overtaken the only home I had ever known because my family, and people like us, were no longer welcome or safe in our own communities. While I can’t compare my experience to that of African Americans living in this country, the emotions on display in recent protests throughout our community resonate with me in a deeply personal way. Being raised in that environment also gave me a profound appreciation for our country’s founding principles that we are all equal in the eyes of the law and none of us are above it, and that all public officials be transparent and accountable to the public they serve.

”When 50-a was enacted decades ago, it carved out our Police and a select few public servants from the same rules and responsibilities that all who serve the public in New York State are accountable to, myself included as an elected official. We place an enormous amount of trust in our law enforcement community to wield enormous power on our behalf, but the public is right to demand an ability to “trust, but verify.” Doing so isn’t an attack on the good work of the vast majority of our law enforcement community who puts on a uniform every day to protect and serve with honor and courage…

“With tensions in many communities beyond the breaking point, now is the time to take meaningful steps to develop a durable relationship of trust between law enforcement and the communities they serve, and the only way we do that is by being open and honest with each other. I believe by repealing 50-a, we are taking that first step together towards a safer community for everyone.”

During the research for this article, A Little Beacon Blog discovered that police unions, Patrolman’s Benevolent Associations (PBA), tended to not favor the repeal either. We reached out to Beacon’s PBA for comment, and received the following response from Mike Confield, Beacon PBA Vice President:

The Beacon PBA disagrees with the Governor’s signing of the repeal of 50-a. We feel that the state legislature and the governor passed and signed this bill without taking the necessary time to properly weigh the pros and cons of releasing officers disciplinary records. The potential release of a disciplinary investigation report, especially when it is unfounded of any wrong doing can still damage the reputation of not only the officer involved, but the department and municipality. We also believe that when an officer needs testify at a trial from now on, the trial focus will move from the defendant to the officer. Therefore attempting to slander the officers name enough so a potentially dangerous criminal can walk and cause more damage to the innocent public.

We also feel that rushing this repeal may cause confidential and personal information to be released that has potential to make good officers, good people and our families subject to targeted harassment and violence.

- Mike Confield, Beacon PBA Vice President,
on behalf of the PBA

The bill was sponsored by Jamaal T. Bailey, and co-sponsored by Luis R. Sepúlveda, Alessandra Biaggi, Brian A. Benjamin, and Neil D. Breslin.

The New York Post pointed out here and here that several Republican senators are not seeking reelection next term, including “Sens. John Flanagan, Michael Razenhofer of Buffalo, Betty Little of Queensbury, George Amedore of Kingston and freshman Bob Antonacci of Syracuse. Sen Chris Jacobs (R-Buffalo) is also on his way out, as he’s seeking the vacant seat of disgraced US Rep. Chris Collins in Congressional District 27.”