Motion for Child Support in Christine Barksdale v. State Of New York Division Of Criminal Justice Services, City Of Ithaca, Attorney General, State Of New York| Trellis.Law

On January 27, 2023 a Motion-Secondary was filed involving a dispute between Christine Barksdale, and Attorney General, State Of New York, City Of Ithaca, State Of New York Division Of Criminal Justice Services, for Special Proceedings - CPLR Article 78 in the District Court of Tompkins County.

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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF TOMPKINS

CHRISTINE BARKSDALE,

AFFIDAVIT

PLAINTIFF(S),
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-against-

STATE OF NEW YORK DIVISION OF CRIMINAL
JUSTICE SERVICES, CITY OF ITHACA,
ATTORNEY GENERAL, STATE OF NEW YORK

DEFENDANT(S).

STATE OF NEW YORK )
): $8.1

COUNTY OF ALBANY )

David J. Mahany, being duly sworn, deposes and says:

1 I am employed by the Division of Criminal Justice Services (DCJS), located at 80

South Swan Street, Albany, New York 12210 as an Associate Training Technician. My duties

include oversight of the administration of both mandated police and peace officer training

programs, as well as maintenance of the Central State Registry of Police Officers and Peace

Officers pursuant to Section 845 of the Executive Law of New York State and 9 New York State

Codes, Rules and Regulations (NYCRR) Part 6056.
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2 I make this affidavit in support of Defendant’s Notice of Amended Verified

Petition/Complaint for Christine Barksdale. The statements made herein are based upon my

personal knowledge and my review of records maintained by the Division of Criminal Justice

Services in the normal course of business except where expressly stated otherwise.

A. Background

3 DCJS is an Executive agency, tasked with various responsibilities, including the

administration of both mandated police and peace officer certified training programs, as well as

initiatives developed to enhance the productivity and professionalism of law enforcement and

public safety personnel in New York State.

4. Executive Law § 845 authorizes the creation of a Central State Registry of Police

Officers and Peace Officers (the Registry). DCJS is required to maintain such Registry ina manner

consistent with the foregoing statute. Executive Law § 845(1) requires DCJS to “collect

information to maintain, on a current basis, a registry of all police officers *** in the [S]tate.”

Executive Law § 845(2) requires entities which employ police officers to annually submit to DCJS

an updated list of the officers employed by such entity. Whenever an officer has been newly

appointed or has ceased to serve, the employer must make an immediate report of such to DCJS.

Executive Law § 845(2)(a). In the case of an officer who ceases to serve, the reporting must

include the reason for separation, including a leave of absence, resignation, removal, removal for

cause, or removal during a probationary period. Executive Law § 845(2)(b). Employers utilize

an electronic portal, called the Acadis Record Management System (Acadis), through which

employers make, and DCJS receives, such reports.!

1 The Registry does not determine an officer’s status. Instead, the Registry is a record. Employers are required by
law and regulation to submit the above-described reports to DCJS, and the Registry is the repository for the reported
information.
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5 Executive Law § 845(3)(a) directs DCJS to “establish rules and regulations to

provide for a permanent system of identification for each police *** officer”. These regulations

must establish a process whereby DCJS shall, whenever it appears to the Commissioner that there

is a material inaccuracy in an employer’s reporting of the reason an officer ceased to serve, attempt

to resolve such inaccuracy by contacting the head of the office that submitted such reporting.

Executive Law § 845(3)(b).

6 In addition to the duties in the preceding paragraphs, DCJS is authorized, with the

general advice of the Municipal Police Training Council (the Council), to certify the training of

police officers who have satisfactorily completed basic training programs and issue certificates to

such police officers. Executive Law § 841(3). The Council establishes minimum basic training

requirements that police officers must complete, and the timing of when such training must be

completed, in order to be awarded a basic training program certificate. Executive Law § 840.

7. Pursuant to General Municipal Law § 209-q(1)(a), no person shall receive a

permanent appointment, or maintain a temporary appointment, as a police officer of any county,

city, town, village, or police district unless such person has been awarded a certificate by the

Council attesting to their satisfactory completion of the approved municipal police training

program. Such certificate of completion for basic training (hereafter “basic training certificate”

“certificate”), “may be permanently invalidated upon an officer's removal for cause in accordance

with subdivisions two and three of section eight hundred forty-five of the executive law. An officer

whose certificate is invalidated under this paragraph may be ineligible for any future certification.”

General Municipal Law § 209-q(1)(b-1).

8 Conforming to and implementing General Municipal Law §209-q(1) and Executive

Law §§ 845 (1), (2) and (3), DCJS, with the approval of the Council, adopted regulations codified
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in 9 NYCRR Part 6056", Pursuant to 9 NYCRR § 6056.1(b), it is the Purpose of Part 6056 and

the responsibility of DCJS “to ensure the accuracy of the information contained in the Central

State Registry of Police Officers and Peace Officers and the integrity of the registry as a public

record”.

9 Pursuant to 9 NYCRR § 6056.4(d), when a police officer ceases to serve with a law

enforcement agency, the agency shall immediately notify DCJS and provide the reason for the

separation, which shall include one of the following:

1. leave of absence;
2. resignation;
3. removal;
4. removal for cause as defined in 6056.2(h);
5. removal during a probationary period as defined in 6056.2(i).

10. Pursuant to 9 NYCRR § 6056.2(h), removal for cause “means when an officer has

an interruption in service as defined in paragraph (2) of this subdivision subsequent to and in

connection with allegations of misconduct as defined in paragraph (1) of this subdivision *** .”.

As defined in subdivision (1), misconduct includes, among other things, conflicts of interest

which is defined as acts constituting gross negligence or gross misconduct (9 NYCRR §

2 Part 6056 was amended effective October 16, 2021 with the implementation of the Professional Policing Act of
2021. It is this version of the regulations that is applicable to Plaintiff's removal based on Plaintiff's date of
separation from service, August 16, 2022.
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6056.2(h)(1)(e))? +. As defined in subdivision (2), an interruption in service includes separation

“by an employee’s resignation or retirement”. 9 NYCRR § 6056.2(h)(2)(b).>

11. Further, pursuant to 9 NYCRR § 6056.4(e), a police officer’s basic training

certificate as set forth in General Municipal Law § 209-q(1) “shall immediately be deemed

invalid when an officer ceases to serve pursuant to subdivision (d)(4) [removal for cause] or (5)

[removal during a probationary period] of this section, as authorized by General Municipal Law

§ 209-q(1)(b-1) and (c) ****”, Additionally, pursuant to 9 NYCRR § 6056.4(f), “[a] certificate

awarded under General Municipal Law § 209-q(1)(b) may be permanently invalidated upon a

police officer's removal for cause pursuant to subdivision (d)(4) or (5) of this section and that

police officer may be ineligible for any future certification as authorized by General Municipal

Law § 209-q(1)(b-1)”.
12. In accordance with the foregoing, and pursuant to DCJS’s authority to maintain

the police officer registry and to ensure the accuracy of the information therein (Executive Law §

845(1) and 9 NYCRR § 6056.1(b)), whenever an employer reports an officer as a standard

removal and there is reason to believe that the circumstances surrounding the officer’s removal

3 Specifically, 9 NYCRR § 6056.2(h)(1)(e), effective October 16, 2021, provides that “conflicts of interest” is
defined as:
“i, Acts constituting gross negligence: where the police or peace officer's act or failure to act creates a
danger or risk to persons, property, or to the efficient operation of the department, recognizable as a gross
deviation from the standard of care that a reasonable police or peace officer would observe in a similar
circumstance.
ii, Acts constituting gross misconduct: in determining what constitutes “incompetence or gross
misconduct,” the Department may take into account practices generally followed in the profession, current
teaching at public safety training facilities, and technical reports and literature relevant to the field of law
enforcement.”
4 Section 6056.2(h)(1)(e) was amended effective November 2, 2022 and a new subparagraph 6056.2(h)(1)(f) was
added, such that gross negligence and gross misconduct are now separately defined and the reference to conflicts of
interest is removed. However, as noted above, it is the October 16, 2021 version of Part 6056 that applies to this
matter.
5 Prior to the regulatory amendments with the Professional Policing Act of 2021, this provision (then numbered 9
NYCRR § 6056.2(g)(2)), had read: “by an employee’s resignation or retirement while a disciplinary process has
commenced pursuant to paragraph (1) of this subdivision which may result in removal”. With the amendments,
effective October 16, 2021, the commencement or continuation of a disciplinary process is no longer required.

5
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may fall within the decertification regulation as defined in 9 NYCRR §6056.2 (h), it is DCJS’s

standard practice to reach out to the employer to request they review 9 NYCRR Part 6056 with

their municipal attorney to ensure the reporting of the removal as a standard removal is accurate.

13. Further, DCJS does not invalidate basic training certificates. When an employer

reports that an officer has ceased his or her employment with that agency “for cause” as defined

under the regulations at 9 NYCRR § 6056.2(h), the basic training certificate is automatically

invalidated pursuant to General Municipal Law § 209-q(1)(b-1) and (c) and 9 NYCRR §6056.4

(e) and (f), on the effective date of separation. When the employer reports to DCJS that an officer

has ceased employment “for cause”, DCJS sends notice of the basic training certificate invalidation

to the agency with which the officer is employed and to the officer.

14, Additionally, in accordance with Executive Law § 845(3)(b), 9 NYCRR § 6056.7

provides for a process for the resolution of Registry conflicts when it appears to DCJS that there

is a material inaccuracy in the employer’s reporting of the reason a police officer ceased to serve.

Specifically, “[w]hen it shall appear to the commissioner or the commissioner's designee that

there is a material inaccuracy in an employer's reporting of the reason an officer ceased to serve,

as received by the commissioner pursuant to paragraph (b) of subdivision two of section 845 of

the Executive Law, the commissioner shall attempt to resolve the perceived inaccuracy.” In

accordance with this provision, if an officer challenges the reporting of the reason the officer

ceased to serve, it is DCJS’s standard practice to send an inquiry to the employer requesting they

provide a letter outlining the circumstances of the officer’s separation from employment along

with supporting documentation. DCJS then conducts a review to determine whether the

officer’s perceived inaccuracy is a material inaccuracy in the employer’s reporting. If DCJS
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concludes there is no material inaccuracy in the employer’s reporting, the employer and officer

are so notified.®

15. A separate review process is provided for in 9 NYCRR § 6056.8, authorizing an

officer whose name is removed from the Registry to “on request, be provided the opportunity to

review all information in the possession of the division on which such determination was based

**, Such officer “may present argument on issues of law and fact to the employer. The

employer may then resubmit such person's name for registration, along with a statement of the

reasons establishing such person's eligibility to be a police or peace officer.” 9 NYCRR §

6056.8.

B. Plaintiff Christine Barksdale

16. As reported to DCJS by the City of Ithaca Police Department (IPD), Plaintiff

began working with IPD on October 9, 1997. As reported by IPD, Plaintiff completed the basic

training course for police officers on April 22, 1998 and was awarded a basic training certificate

by the Council on same date.

17. As reported to DCJS by IPD on August 29, 2022, Plaintiff ceased working with

IPD effective August 15, 2022. IPD submitted this reporting through the Acadis portal and

identified the removal as a standard resignation.

18. In accordance with DCJS’s authority to maintain the police officer registry,

pursuant to Executive Law § 845(1) and 9 NYCRR §6056.1(b), on August 31, 2022, DCJS

® If the commissioner finds that there is a material inaccuracy in the employer’s reporting and is unable to resolve
the discrepancy, then the commissioner issues a notice to the employer and the officer of the commissioner's intent
to amend the inaccuracy of such record in accordance with 9 NYCRR § 6056.7. Section 6056.7 permits either the
officer or employer to request a hearing to be held by the Council after receiving such a notice. The notice of
DCJS’s intent to amend an inaccurate record, the hearing, and the subsequent decision, would occur only afier DCJS
determines there is a material inaccuracy in the reporting and its attempt to resolve that inaccuracy is unsuccessful as
set forth in 9 NYCRR § 6056.7(a). In the instant matter, this did not occur, as DCJS found, following review, that
there was no material inaccuracy in the employer’s reporting of the reason Plaintiff ceased to serve.

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emailed IPD Sergeant Matt Cowen requesting IPD review 9 NYCRR Part 6056 with the

municipal attomey (Exhibit A). At no time did DCJS direct IPD to change its reporting of

Plaintiffs removal.

19. On September 22, 2022, Sergeant Cowen replied via email indicating Plaintiff's

removal should be documented within the decertification regulation (Exhibit B). On that same

date, IPD reported to DCJS, by resubmitting the Acadis portal submission for Plaintiff, that

Plaintiff's removal was removal for cause pursuant to 9 NYCRR § 6056.2(h)(1)(e)’, conflicts of

interest, and 9 NYCRR § 6056.2(h)(2)(b), an employee’s resignation or retirement.

20. By operation of law, Plaintiffs basic training certificate was immediately

invalidated upon removal for cause. See General Municipal Law § 209-q(1)(b-1); 9 NYCRR

§6056.4(e) and (f). By letter dated September 23, 2022, DCJS advised IPD of such and

requested Plaintiffs home mailing address so that a similar notification could be sent to Plaintiff

(Exhibit C).

21, On October 3, 2022, DCJS received Plaintiff’s home address from IPD via email.

22, By letter dated October 3, 2022, DCJS advised Plaintiff that IPD reported her

removal as a removal for cause pursuant to 9 NYCRR § 6056.2(h)(2)(b) and that, consequently,

Plaintiff's basic training certification has been invalidated (Exhibit D).

23. On November 30, 2022, DCJS received a letter from the Law Offices of John K.

Grant, P.C., representative for Plaintiff, stating their position that there has been a material

inaccuracy in the employer’s reporting for the reason Plaintiff cased to serve and asking DCJS to

attempt to resolve the inaccuracy (Exhibit E). The letter and attachments outlined Plaintiff's

position, including their position that:

7As effective October 16, 2021.
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Although a Notice of Disciplined filed against Plaintiff alleged Plaintiff's
failure to investigate several assigned cases, these allegations were false and
were later withdrawn as per the terms of a July 7, 2021 Settlement Term Sheet
and a November 10, 2021 Settlement Agreement.
After signing the Settlement Agreement, Plaintiff remained an employee “in
good standing” with IPD until her retirement on August 16, 2022.
As such, Plaintiff's separation was not subsequent to and in connection with
allegations of misconduct.
The underlying allegations of the Notice of Discipline do not allege
misconduct as defined in 9 NYCRR § 6056.2(h)(1).

24, In accordance with the process described above, when an officer challenges the

reporting of the reason they ceased to serve, it is DCJS’s standard practice to send an inquiry to

the employer requesting the employer provide a letter outlining the circumstances of the officer’s

separation from employment along with supporting documentation. DCJS then conducts a

review to determine whether the officer’s perceived inaccuracy is a material inaccuracy in the

employer’s reporting.

25. As part of that review, on December 12, 2022, DCJS emailed Sergeant Cowen

requesting that IPD provide a letter and any supporting documents outlining the circumstances of

Plaintiffs separation from employment as a police officer (Exhibit F).

26. On January 6, 2023, not having received the requested letter from IPD, DCJS

emailed Sergeant Cowen to follow up on the December 12, 2022 request.

27. By email of January 17, 2023, Sergeant Cowen advised that Plaintiffs retirement

was set forth in a Settlement Agreement, attached to the email.

28. By email of January 18, 2023, DCJS acknowledged receipt of the Settlement

Agreement and reiterated its December 12, 2022 request for a letter and supporting

documentation outlining the circumstances of Plaintiff's separation from employment as a police

officer.
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29. On February 2, 2023, DCJS received, by personal service, Plaintiff's Verified

Petition which had been filed on January 27, 2023.

30. Thereafter, on March 17, 2023, DCJS received IPD’s March 16, 2023 letter and

supporting documentation outlining the circumstances of Plaintiff's separation from employment

(Exhibit G), indicating the following:

. On January 8, 2020, IPD issued Plaintiff a Notice of Discipline (see Exhibit
G) setting forth IPD’s charges against Plaintiff and seeking the penalty of
termination.
On January 9, 2020, Plaintiff demanded arbitration as allowed under the
applicable collective bargaining agreement.
On January 28, 2021, Plaintiff commenced a federal action against the City of
Ithaca (the City) and various City officials claiming a City press release
deprived Plaintiff of liberty interests without due process.
Following hearings conducted before an arbitrator, Plaintiff and the City
signed a Settlement Term Sheet on July 7, 2021 and a Settlement Agreement
on November 8, 2021 (see Exhibit G), the principal terms of which included
Plaintiff's agreement to withdraw the federal lawsuit and retire no later than
August 16, 2022, remaining on leave pursuant to General Municipal Law §
207-c until such retirement, and the City’s agreement to withdraw the Notice
of Discipline.
On or about August 16, 2022, Plaintiff retired.
After initially reporting Plaintiff's separation as a standard removal in the
Acadis portal, IPD thereafter consulted with counsel, and on September 22,
2022, resubmitted Plaintiff's separation as removal for cause.
It is IPD’s position that:
“(IPD] correctly reported Plaintiffs separation from employment as a
removal for cause as defined in 9 NYCRR § 6056.2(h). The regulation
defines removal for cause as any ‘interruption in service subsequent to
and in connection with allegations of misconduct.’ ... ‘Interruption in
service’ for purposes of the regulation, includes retirement. 9 NYCRR
§ 6056.2(h)(2). .... In this instance, Barksdale agreed to retire, and
retired, in exchange for the City’s agreement to discontinue its pursuit
of the termination penalty sought based on the Charges and
Specifications in the NOD. The Charges and Specifications are
allegations of misconduct as defined in ... § 6056.2(h)(1). Barksdale’s
retirement was therefore an interruption in service subsequent to and in
connection with allegations of misconduct.”

31. DCJS reviewed Petitioner’s letter of November 30, 2022 and IPD’s letter of

March 16, 2023, and all supporting documentation provided by both parties, and concluded there

10
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is no material inaccuracy in IPD’s reporting of Plaintiff 's removal as removal for cause.

Following the issuance of the Notice of Discipline, which sought Plaintiff’s termination and

alleged Plaintiff committed substantial failures to investigate assigned cases, Plaintiff entered a

November 2021 Settlement Agreement with the City pursuant to which the parties agreed,

among other things, that the City would withdraw the Notice of Discipline and pursuit of the

termination penalty and Plaintiff would retire no later than August 16, 2022. After agreeing to so

retire, Plaintiff did retire as agreed effective August 16, 2022. As such, Plaintiffs removal falls

within the definition of removal for cause pursuant to 9 NYCRR § 6056.2(h): an interruption in

service as defined in paragraph (2) [subparagraph (b) - resignation or retirement] subsequent to

and in connection with allegations of misconduct as defined in paragraph (1) [subparagraph (e) —

conflicts of interest — acts constituting gross negligence/gross misconduct] which is known to the

employer.

32. Accordingly, DCJS concluded there was no material inaccuracy in IPD’s

reporting of Plaintiff's separation from service as removal for cause. As such, DCJS’s review

pursuant to 9 NYCRR § 6056.7 was concluded. Any further issues of law and fact related to this

matter should be addressed directly with IPD pursuant to 9 NYCRR § 6056.8. On July 12, 2023,

DCIS sent a letter indicating such to Plaintiff (Exhibit H).

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Dated: Albany, New York

September IS, 2023 David J. Mahany

Sworn to before me this [54 day of September, 2023

Mo. Gyzphe

=
“aay Public 4
Notary Public, State of New York
No, 02C95076816

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AFFIANT’S
EXHIBIT
A
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From: Russell, Stephanie (DCJS)
To: Mcowen@cityofithaca.ora
Subject: Acadis submission - C. Barksdale
Date: Wednesday, August 31, 2022 8:47:00 AM
Attachments: NYCRR 6056 (eff. 10.16.21).pdf

Good morning,
| am currently reviewing your agency’s recent Acadis portal submissions. In particular, the request to
remove Police Officer Christine Barksdale as a standard removal. Please be advised the Division has
reason to believe that the circumstances surrounding Officer Barksdale’s removal may fall within our
decertification regulation as defined by 9 NYCRR Part 6056.2(h) [see attached].
At your earliest convenience, please review the attached regulation with your municipal attorney to
verify if Officer Barksdale should be reported as a removal for cause.

If you have any questions or concerns, please feel free to contact me.
Thank you.

Stephanie Russell
Criminal Justice Program Specialist
Office of Public Safety

New York State Division of Criminal Justice Services
80 South Swan Street, Albany, NY 12210
(618) 485-1419 | Stephanie. Russell@dcjs.ny.gov

**Please note my new phone number. Registry related questions should be directed to
Kelly Conlon at 518-485-1092 or Kelly. Conlon@dcjs.ny.gov. Thank you.
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4
Part 6056 of 9 NYCRR is REPEALED and a new Part 6056 is added to read as follows:

PART 6056

CENTRAL STATE REGISTRY OF POLICE OFFICERS AND

PEACE OFFICERS

Sec.

6056.1 Purpose

6056.2 Definitions

6056.3 Division responsibility

6056.4 Employer reporting requirements

6056.5 Form and Manner of reports

6056.6 Exclusion from registry

6056.7 Resolution of registry conflicts.

6056.8 Review

6056.9 Severability

§ 6056.1 Purpose

The purpose of this Part is to set forth reporting and recordkeeping procedures to be followed by

employers of police and peace officers and by the Division of Criminal Justice Services in maintain-

ing the Central State Registry of Police Officers and Peace Officers, pursuant to section 845 of the

Executive Law, and:
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(a) to provide for the establishment and maintenance of a permanent system of identification for

each police and peace officer whose name is required by law to be entered in the Central State

Registry of Police Officers and Peace Officers, pursuant to section 845(3) of such law;

(b) to ensure the accuracy of the information contained in the Central State Registry of Police Of-

ficers and Peace Officers and the integrity of the registry as a public record;

ficers and Peace Officers are lawfully appointed; and

(d) to enhance the ability of the Division of Criminal Justice Services to cooperate with the Division

of State Police in making information in the Central State Registry of Police Officers and Peace

Officers available for the purpose of verifying transactions involving firearms, pursuant to sec-

tion 845(5) of such law.

§ 6056.2 Definitions.

As used in this Part, the following terms shall have the following meanings:

(a) Division means the Division of Criminal Justice Services.

(b) Commissioner means the Commissioner of the Division of Criminal Justice Services or their de-

signee.

(d) Employer means the chief executive officer of any State or local agency, unit of local government,

State or local commission, public authority, or organization which employs police officers or

peace officers.

(e)Police officer means a person designated as such in section 1.20(34) of the Criminal Procedure

Law.
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(f) Peace officer means a person designated as such in section 2.10 and 2.16 of the Criminal Pro-

cedure Law.

(g) Registry means the Central State Registry of Police Officers and Peace Officers created by sec-

tion 845 of the Executive Law.

(h) Removal for cause of a full-time or part-time police officer or peace officer means when an officer

has an interruption in service as defined in paragraph (2) of this subdivision subsequent to and

in connection with allegations of misconduct as defined in paragraph (1) of this subdivision which

are known or should be known to the employer or any officer or employee of the employer agency

or is being investigated by another agency or entity.

(1) Misconduct, includes:

(a) Criminal activity, whether criminally charged or prosecuted, regardless of where the

act took place if said conduct would constitute an offense in New York, which is de-

fined as:

Any felony offense;

I Any sex offense or sexually violent offense as defined in article 6C of the Cor-

rection Law;

ili. All serious offenses as defined in subdivision 17 of section 265 of the Penal

Law;

WV. Crimes involving official misconduct and obstruction of public servants as de-

fined in article 195 of the Penal Law; crimes involving bribery of a public serv-

ant as defined in article 200 of the Penal Law; crimes involving perjury as

defined in article 210 of the Penal Law; offenses relating to judicial proceed-

ings as defined in article 215 of the Penal Law;
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v. Crimes involving forgery as defined in article 170 of the Penal Law; crimes

involving false written statements as defined in article 175 of the Penal Law;

crimes involving fraud as defined in article 190 of the Penal Law; or

vi. Crimes involving assault and menacing as defined in article 120 of the Penal

Law; crimes involving obscenity as defined in article 235 of the Penal Law;

crimes against public sensibilities as defined in article 245 of the Penal Law.

(b) Dishonesty which is defined as:

1 False statements or conduct that subverts or attempts to subvert the

1 Employment application process; or

ii. State certification process defined in General Municipal Law §209-q.

ii. Conduct involving dishonesty, fraud, deceit, or misrepresentation.

1 Force which violates the use of force policy required under Executive Law

§840(4)(d)(3).

(d) Abuse which is defined as:

1 Inappropriate conduct of a sexual nature, civil or criminal, regardless of adju-

dication;

ii. Engaging in sexual conduct while on duty; or

iii. Engaging in sexual conduct with someone detained or in the custody or con-

trol or under the supervision of a police or peace officer.

(e) Conflicts of interest which is defined as:
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Acts constituting gross negligence: where the police or peace officer's act or

failure to act creates a danger or risk to persons, property, or to the efficient

operation of the department, recognizable as a gross deviation from the stand-

ard of care that a reasonable police or peace officer would observe in a similar

circumstance.

I Acts constituting gross misconduct: in determining what constitutes "incompe-

tence or gross misconduct," the Department may take into account practices

generally followed in the profession, current teaching at public safety training

facilities, and technical reports and literature relevant to the field of law en-

forcement.

(2) Interruption from service includes separation:

(a) pursuant to:

1 a hearing held under section 75 of the Civil Service Law;

ii. acollective bargaining agreement, or any general, special or local law, or char-

ter provision in accordance with section 76 of the Civil Service Law; or

ii. any other applicable law; or

(b) by an employee's resignation or retirement; or

described in subdivision (h)(2)(a) of this section.

(i) Removal during a probationary period means a probationary period not successfully completed

due to conduct defined in paragraph (1) of subdivision (h) of this section.
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§ 6056.3 Division responsibility.

(a) The division shall maintain the Central State Registry of Police Officers and Peace Officers, pur-

suant to section 845 of the Executive Law. The division shall enter into such registry all infor-

mation concerning police or peace officers required to be reported by employers by such law and

in accordance with such rules and regulations as the commissioner may adopt to ensure the

accuracy of such information and integrity of the registry as a public record.

(b) The division shall not enter the name of any person in the registry if it has knowledge that such

person is not lawfully appointed or eligible to be a police or peace officer, notwithstanding the

submission of the name of such person by an employer for registration.

the registry or who is registered as a police or peace officer may not be eligible, the division shall

proceed pursuant to section 6056.6 of this Part.

(d)When it shall appear to the commissioner or the commissioner's designee that there is a ma-

terial inaccuracy in an employer's reporting of the reason an officer ceased to serve pursuant to

paragraph (b) of subdivision two of section 845 of the Executive Law, the division may proceed

pursuant to section 6056.7.

§ 6056.4 Employer reporting requirements.

(a) Each employer shall, in the form set forth in section 6056.5 of this Part, with respect to each

police or peace officer employed by it, submit or cause to be submitted the following:

(1) name;

(2) social security number;
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(3) date of birth;

(4) rank or title;

(5) official station;

Case Info

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Mark G Masler Track Judge’s New Case

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Document Filed Date

September 18, 2023

Case Filing Date

January 27, 2023

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Motion-Secondary: Christine Barksdale v. State Of New York Division Of Criminal Justice Services, City Of Ithaca, Attorney General, State Of New York

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