Lobbyists from all across New York state were back at the Capitol on Thursday for a Senate Committee on Codes hearing on repealing code 50-a. If that sounds familiar, it's because it was part of a larger package called SAFERNY that didn't pass in this past legislative session. Repealing it would allow police disciplinary records to become public record.
New York is just one of two states where police disciplinary records are not available public information under the Freedom for Information Law (FOIL). Families of high-profile cases testifying on Thursday explained why this information available should be available, but the NYS Troopers Police Benevolent Association says it feels like it violates officers' civil rights.
“The harder I push, the more information I've gotten, so if they thought after five years I'd go away but I'm just here to tell them I'm not going away until I get all the answers,” said Gwen Carr, the mother of Eric Garner. “And, it's not justice, but it's closure.”
Garner is the man who died after an NYPD officer put him in a chokehold. Carr says she's been met with nothing but roadblocks since her son died.
“We haven't found out yet who was actually involved except for three or four officers and we know that there was more than a dozen,” Carr said.
Carr was one of three mothers whose children died at the hands of NYPD officers who testified at the Senate Committee on Codes on Thursday. They all want 50-a repealed, arguing access to police officers’ disciplinary records would help reveal whether there is a pattern of behavior in an officer's past.
“No one's asking for their personal information. We couldn't care less where they live or what their social security numbers are,” said Loyda Colon, the co-director for the Justice Committee. “We want to know what their history of misconduct is.”
Colon says up until 2016, these records were readily available in New York City, without any change to the law, so they don't understand why state lawmakers and police unions are fighting it.
“Prior to that, when they were releasing the outcome of cases, it's not like there was some kind of apocalyptic event because of it,” Colon said.
But the New York State Troopers Police Benevolent Association disagrees. President Tom Mungeer, who also testified at the hearing, says repealing 50-a would remove protections for police officers.
“The civil rights of police officers were so important back in 1976 that they actually wanted to codify it in law and today, what has changed that our civil rights are any less diminished now?” Mungeer said.
Several activist groups including Communities United for Police Reform, Citizens Action, Rise Up Kingston, and the Center for Law and Justice held a press conference on the hearings calling for a full repeal of the law.
“50-a would not give them access to see who’s involved in certain situations. What 50-a does is protect the personnel jackets of police officers,” Mungeer said.
Still, the families of victims say having the information is necessary.
“We are just trying to get what we need when our loved ones are senselessly killed,” Carr said.
Sen. Jamal Bailey is leading the charge on repealing 50-a. Bailey was the bill's sponsor last session and called the hearings at the Capitol on Thursday.