Key Takeaways:
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New York amends FOIL again
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Covered employers are required to develop a policy to notify public employees whose personnel records are subject to the request
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The amendment became effective on September 4, 2024
New York’s Freedom of Information Law (FOIL) is the state version of the federal Freedom of Information Act, commonly referred to as FOIA. New York’s FOIL has experienced dramatic changes in recent years. As previously reported here in 2020, Civil Rights Law § 50-a was repealed, removing the shield for disclosure of law enforcement personnel records. In 2021 and 2022, FOIL was amended again in relation to the disclosure exemption for records relating to an ongoing investigation.
On September 4, Gov. Hochul signed A6146B/S5500 amending FOIL to require that agencies subject to the law develop a policy regarding providing a notification to public employees in the event that the employee’s disciplinary records are requested. The amendment went into effect immediately. Police departments will likely be influenced the most by this amendment given the vast increase in FOIL requests being made since 2020 for the personnel files of police officers.
Employers covered by FOIL are advised to work with counsel on developing a policy to comply with these amendments and to develop responses to questions that will likely arise from employees that are notified about the disclosure of their records. Unionized workforces should also consider whether there is an obligation to bargain on the development and impact of this new policy.
