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February 17, 2006
NYPD Cop Records Must Go to PA P.D.
City Appeal Stays Ruling
By REUVEN BLAU
A Manhattan Supreme Court Justice Feb. 9 ordered the NYPD to release
the personnel records of 35 of its officers to the Port Authority
Police Department.
The Patrolmen's Benevolent Association sued the NYPD, charging
that it was purposely withholding the information in an attempt
to prevent the officers from transferring to the better-paying Port
Authority.
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| PATRICK J. LYNCH: City getting 'underhanded.'
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PBA: Desperate Ploy
"The city can't hire enough police officers and can't honestly
keep the ones they have from leaving for better opportunities, so
they resort to underhanded tactics like refusing to share the personnel
information," charged Patrick J. Lynch, the president of the
Patrolmen's Benevolent Association.
Justice Sheila Abdus-Salaam ordered both sides back to court March
3 for further arguments. The release of the records was stayed when
the city indicated it would appeal.
The officers stand to earn 57 percent more by working for the PA,
which has a maximum salary of $94,000 after five years on the job.
NYPD cops currently receive $59,588 after 5-1/2 years.
During the Feb. 8 hearing, city attorneys contended that the officers
could obtain some of the personnel information via Freedom of Information
Law requests. They also claimed the NYPD changed its policy regarding
releasing personnel files in 2003 as a way to avoid legal liability.
"The Police Department doesn't have a request from the Port
Authority saying we don't have what we need," added city attorney
Cindy Switzer.
The officers' union attorneys, however, maintained that the NYPD
has refused to release key records which the Port Authority uses
to check the veracity of the officers' interview responses. Other
agencies, they noted, often make the officers take a polygraph test.
As for getting the information through FOIL requests, PBA attorney
Richard Steer said, "The Port Authority doesn't want some copy
that the officer gets." He contended that immediate relief
was necessary because one of the officers was going to turn 35 in
August, which would bar him from joining the PA.
"I will be a casualty," said the veteran officer, who
asked to remain anonymous, after the hearing. "There is a sense
of urgency; the chances of me getting into the first academy class
are reduced the longer this delays."
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The Chief-Leader/Pat Arnow
'A MALICIOUS PLOY': April Epps, who is seeking
to transfer to the Port Authority Police Department because
of its superior pay structure, said the NYPD's effort to withhold
personnel records requested by the smaller department was
'a ploy to prevent people from leaving.' |
Police Officer James Lamur, a party to the suit, said he decided
to transfer because he can't afford to live in the city and support
his growing family under the current NYPD salary structure. "I
bleed for this city everyday," he continued. "It's heartbreaking
to have to leave. If we would receive compensation I would definitely
stay."
Officer Lamur, who has a master's degree from John Jay College
of Criminal Justice, noted that the department does not offer more
pay for officers who have earned a higher education.
'City Not Competitive'
"It's really very simple," Mr. Lynch said. "The
best people go to the highest bidder, and New York City is not competitive
in police pay."
He added, "Fix it, or the NYPD will wind up with nothing but
people who had no other options than to become NYPD cops and that
will not serve the city well for the future."
Officer Lamur said the department withholding his personnel file
was "inhumane" and charged "the department doesn't
really care about us."
Police Officer April Epps, who is also trying to transfer, agreed.
"It's very malicious," she contended. "I think it's
an intentional ploy to prevent people from leaving."

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