Assemblymember Marianne Buttenschon votes against 50-A repeal & making police disciplinary records more public By Luke Perry
The New York State legislature recently passed legislation repealing 50-A of the state’s civil code that prevents police disciplinary records from becoming public. Assemblymember Marianne Buttenschon (D, District 119) voted against the measure. Governor Cuomo said he will sign it.
Buttenschon told Talk of the Town (WUTQ in Utica) the most important consideration is “bringing everyone to the table,” and hearing different views, “whether you agree or disagree, you have to have that.”
“The tragedy that we have seen is devastating,” Buttenschon said. “I have not met one officer that condones the behavior of what happened toward Mr. Floyd.”
Buttenschon believes the problem with repealing 50-A is that “the records are accusations, so they haven’t even gone through a process,” Buttenschon said, and been “vetted to determine what clearly is a untrue statement versus a false accusation versus something that has been substantiated.”
Buttenschon also expressed concern about the “technical component” of basic procedures, such as police officers not putting their hat on or shining their shoes, as something that does not “need to come forward.”
The new bill says that technical infractions might be publicly disclosed if deemed related to subsequent disciplinary action. Buttenschon asked “how does that relate to a disciplinary action that could have happened later on?”
Buttenschon believes “dividing individuals during this crucial time is not going to do us any good.”
Photo from NY Assembly
Buttenschon said that additional process allowing vetting, prior to increased public disclosure, would be “a step in the right direction,” though emphasized the importance of law enforcement providing input and collaboration on policing reforms.
Buttenschon called for greater clarity in what this legislation will mean when implemented and lamented the “reactive” nature of this bill.
“I will always be an advocate of education and training early on, a proactive approach,” Buttenschon said. “If you look at the bill of 50-A, it’s reactive. After the fact. After something’s happened. We want to stop something from happening. And I know from talking the leadership in this community last week they are on the same page. They need to be heard.”
Buttenschon said recruitment and retention are main areas of focus for local law enforcement, which cannot happen without dialogue between law enforcement and state lawmakers.
Buttonschon believes the difficulties we’re seeing across this nation will not be solved by repealing 50-A.
Luke Perry (@PolSciLukePerry) is Professor of Government at Utica College
