FOIL - EMPLOYEE DISCIPLINARY RECORDS NOTIFICATION POLICY
TOWN OF CRAWFORD, NEW YORK
EMPLOYEE DISCIPLINARY RECORDS NOTIFICATION POLICY
(N.Y. Public Officers Law §87[6])
Adopted March 20, 2025
PURPOSE
In accordance with New York Public Officers Law § 87(6), the Town of Crawford adopts
this policy to establish a clear, consistent, and legally compliant framework for notifying current
and former employees when their disciplinary records are requested under the Freedom of
Information Law (FOIL). This policy ensures employees are informed of such releases, outlines
the notification process, and balances transparency with privacy considerations, while fulfilling
the Town’s obligations under New York State law. The Town Board reserves the right to revisit
and amend this policy as needed to address evolving legal requirements or operational needs.
DEFINITIONS
1. Employee: Any individual currently or previously employed by the Town of Crawford,
including but not limited to administrative staff, public works employees, and law
enforcement personnel. This definition excludes elected officials and independent
contractors unless otherwise specified by law.
2. Disciplinary Records: Records as defined under Public Officers Law § 86(6), including
those created in furtherance of a disciplinary proceeding, such as:
- Complaints, allegations, or charges against an employee;
- The employee’s name as the subject of the complaint or charge;
- Transcripts, exhibits, or other documentation from disciplinary hearings or trials;
- The disposition of any disciplinary proceeding;
- Final written opinions or memoranda supporting the disposition, including factual
findings, analysis of conduct, and imposed discipline.
3. Freedom of Information Law (FOIL): Requests for public records made pursuant to
New York Public Officers Law § 84 et seq.
4. Response: The Town’s final submission of documents to a FOIL requestor, including
initial responses and any subsequent responses following an appeal.
APPLICABILITY
This policy applies to all FOIL requests received by the Town of Crawford seeking
employee disciplinary records, except when the request originates from the employee seeking
their own records. If a collective bargaining agreement includes a negotiated procedure for such notifications, that procedure shall take precedence over this policy.
POLICY
Notification Requirement
The Town of Crawford commits to notifying current and former employees when their
disciplinary records are subject to a FOIL request. Notification will be provided as soon as
administratively feasible, ideally before records are released. However, due to FOIL’s statutory
time constraints (e.g., the requirement to respond within five business days under § 89(3)),
notification may occur after release if pre-release notification is impractical. In such cases, the
employee will be informed that the records have already been disclosed.
Content of the Notification
The notification shall be comprehensive and include:
- A clear statement that the employee’s disciplinary records have been requested under
FOIL;
- The date the FOIL request was received;
- Whether a response has been issued and, if so, the date of release;
- An approximate date by which a final response is expected, if not yet issued;
- A statement clarifying that, in accordance with FOIL obligations, the employee cannot
object to the release, though the Town will evaluate applicable exemptions (e.g., personal privacy under § 87(2)(b));
- Instructions for the employee to request a copy of the released records, free of charge,
from the Town Clerk;
- Contact information for the Town Clerk or designee for questions or concerns.
While not required by law, the Town will provide employees with copies of released
records upon written request to promote transparency and trust.
Delivery of Notification
- Current Employees: Notification will be delivered in writing via email to the
employee’s Town-provided email address or by personal delivery during work hours. If
neither is feasible, certified mail to the employee’s last known home address will be used.
- Former Employees: The Town will make reasonable efforts to notify former employees
using the most recent contact information in the employee’s personnel file. This may
include email, certified mail, or, if necessary, a phone call followed by written
confirmation. Efforts to locate former employees will be documented by the Town Clerk, including dates, methods, and outcomes.
- Undeliverable Notices: If notification cannot be delivered after reasonable attempts
(e.g., returned mail or invalid email), the Town will retain documentation of these efforts for at least one year.
Review Process Prior to Release
Before releasing disciplinary records, the Town will:
- Review the requested documents to determine if they meet the definition of “disciplinary records” under Public Officers Law § 86(6);
- Assess whether any exemptions apply under FOIL, such as unwarranted invasion of
personal privacy (§ 87(2)(b)) or safety concerns (§ 87(2)(f));
- Redact sensitive information (e.g., Social Security numbers, medical data) as required by
law or policy.
This review will be conducted by the Town Clerk or a designated Records Access
Officer, with consultation from the Town Attorney if legal ambiguities arise.
Employee Access to Released Records
Upon written request to the Town Clerk, an affected employee may obtain a copy of the
records released under FOIL at no cost. Requests must be made within 90 days of notification,
though the Town may extend this period at its discretion for good cause (e.g., employee
unavailability).
Responsibility
The Town Clerk is designated as the primary officer responsible for implementing this
policy, including issuing notifications, documenting efforts, and coordinating responses to
employee inquiries. In the Clerk’s absence, the Deputy Town Clerk shall assume these duties.
Questions and Support
Employees with questions about this policy or a specific FOIL request may contact the
Town Clerk’s Office at 121 State Route 302, Pine Bush, New York 12566 (Phone: 845-744-
2020). The Town Board encourages open communication to address concerns promptly.