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.