Personnel records of police officers, firefighters and correction officers

§ 50-a. Personnel records of police officers, firefighters and
correction officers. 1. All personnel records used to evaluate
performance toward continued employment or promotion, under the control
of any police agency or department of the state or any political
subdivision thereof including authorities or agencies maintaining police
forces of individuals defined as police officers in section 1.20 of the
criminal procedure law and such personnel records under the control of a
sheriff's department or a department of correction of individuals
employed as correction officers and such personnel records under the
control of a paid fire department or force of individuals employed as
firefighters or firefighter/paramedics and such personnel records under
the control of the department of corrections and community supervision
for individuals defined as peace officers pursuant to subdivisions
twenty-three and twenty-three-a of section 2.10 of the criminal
procedure law and such personnel records under the control of a
probation department for individuals defined as peace officers pursuant
to subdivision twenty-four of section 2.10 of the criminal procedure law
shall be considered confidential and not subject to inspection or review
without the express written consent of such police officer, firefighter,
firefighter/paramedic, correction officer or peace officer within the
department of corrections and community supervision or probation
department except as may be mandated by lawful court order.

2. Prior to issuing such court order the judge must review all such
requests and give interested parties the opportunity to be heard. No
such order shall issue without a clear showing of facts sufficient to
warrant the judge to request records for review.

3. If, after such hearing, the judge concludes there is a sufficient
basis he shall sign an order requiring that the personnel records in
question be sealed and sent directly to him. He shall then review the
file and make a determination as to whether the records are relevant and
material in the action before him. Upon such a finding the court shall
make those parts of the record found to be relevant and material
available to the persons so requesting.

4. The provisions of this section shall not apply to any district
attorney or his assistants, the attorney general or his deputies or
assistants, a county attorney or his deputies or assistants, a
corporation counsel or his deputies or assistants, a town attorney or
his deputies or assistants, a village attorney or his deputies or
assistants, a grand jury, or any agency of government which requires the
records described in subdivision one, in the furtherance of their
official functions.