In 2019, then-Mayor Bill deBlasio rolled out the Finest Care program, which was a collaborative effort by the City and Department, with participating medical health providers, to offer confidential mental health services to uniformed members of service (UMOS). According to the Department’s own website, the Finest Care program, which is one of said providers, offers UMOS with access to “free, confidential mental health services” allowing UMOS to speak with a psychologist and/or psychiatrist to address all kinds of emotional challenges.
In April, a DEA member was placed in an untenable situation by the Department either to authorize the release and review of all of these confidential materials obtained by the Finest Care program, or to face a suspension if said materials were not released. The rationale expressed by the Department was to ascertain whether this particular DEA member was fit for duty.
Faced with this “Sophie’s Choice,” the DEA, on behalf of this Detective, as well as all other Detectives participating in this or similar programs, initiated a civil action in Supreme Court, New York County to prevent this unlawful violation of the privacy rights of all participating DEA members by seeking a Temporary Restraining Order (TRO). Thankfully, the Court granted the TRO in the instant scenario and blocked the Department from either forcing this DEA member to authorize the release of his/her confidential mental health files or to be suspended.
Since the issuance of the TRO, the Court has requested that it conduct an in-camera review to rule on the substantive merits of the Department’s arguments. This review and next Court appearance will likely occur in September. We are still in talks with the City, and we expect a resolution sometime at the end of August 2023. The DEA will keep its membership apprised of all developments.
