Yesterday, the New York State Assembly passed Assemblywoman Marianne Buttenschon's (D-C Marcy) legislation to notify public employees when their disciplinary records have been released subject to a FOIL request (A6146).

"In 2020, legislation removed privacy protections for all public employees and failed to ensure that public employees would be notified when their information has been released by a FOIL request," explained Assemblywoman Buttenschon. "My legislation would correct this oversight by providing our dedicated civil servants with notification whenever their disciplinary records have been released subject to a FOIL request."

This legislation would have no effect on the release of information that is now permissible following the changes to the Civil Rights Law and the Public Officers Law of 2020.

NYS Troopers PBA Second Vice President and Legislative Director, Jason Sheridan stated, “The NYS Troopers PBA would like to thank Assembly Member Buttenschon for her leadership and efforts in ensuring the passage of this important piece of legislation with unanimous support.This legislation recognizes the critical need to ensure that NYS Troopers, and all public employees, are afforded notice when their disciplinary records are provided pursuant to a FOIL request by requiring public employers to develop a policy for such occurrences.On behalf of the brave men and women of the NYS Police, the NYS Troopers PBA looks forward to working with the Division to develop a policy that ensures our members are afforded proper notice should their respective disciplinary records be subject to a FOIL request.”

NYSCOPBA President, Chris Summers said, “On behalf of the members of NYSCOPBA, I want to thank Assembly Member Buttenschon for leading this important piece of legislation through the Assembly with unanimous support.NYSCOPBA members provide vital services to the state and should certainly enjoy basic privacy protections.Requiring public employers to create policies providing notification to public employees when their disciplinary records are subject to a FOIL request is a step in the right direction, but more needs to be done to protect our members’ personal information.NYSCOPBA looks forward to continuing to work with Assembly Member Buttenschon and her colleagues to strengthen privacy protections for our state’s dedicated civil servants.”

"Our public employees protect our communities, instruct our students, and help our state and local governments run. It is essential that we provide them with notice when their information has been released," stated Buttenschon. "I would like to thank my colleagues in the Assembly for passing this legislation. I urge the Governor to sign this legislation into law.