A Schenectady County judge still hasn’t ruled on if a city police officer’s disciplinary record will be made public.

The repeal of 50-A by the New York state legislature made such documents public record, but the Schenectady Police Benevolent Association has filed a lawsuit to keep them sealed.

What You Need To Know

  • Schenectady Police Officer Brian Pommer was involved in the controversial arrest of Yugeshwar Gaindarpersaud
  • The Schenectady PBA filed a lawsuit to block requests for Pommer's disciplinary record
  • The case has been further delayed by involvement by the NYCLU, which wants to participate in ongoing court proceedings

At issue are the records of Officer Brian Pommer. He was seen kneeling on the head of a man he arrested, Yugeshwar Gaindarpersaud, in July.

Partial Disciplinary records that have been released show Pommer had a pending three-day suspension at the time for failing to enforce social distancing at Bumpy’s Polar Freeze.

Judge Mark Powers ruled Tuesday the PBA should be given more time to file a response to motions made by the city in effort to release the full file.

The NYCLU is also looking to become part of future court proceedings, saying it has an interest in the case because of how this ruling could impact further Freedom of Information Act requests for police records.

Local advocates said involving the NYCLU is a step that shouldn’t need to be taken.

"Whoever’s coming in to fight for the city of Schenectady better do it like they know what they’re doing because we know what we’re doing. We know what we stand for and we’re taking a hard stance that black lives should matter in Schenectady, says Mikayla Foster, an organizer for All of Us.

Another hearing will be held October 27 at 2 p.m.