Let freedom ring

Posted on March 16, 2009 by Michael

Freedom of information, that is.

I recently gave an update on my experience using the Maine Freedom of Information Access Act. On two separate occasions I got stonewalled by some Lieutenant who was not familiar with the act (nor with humility). Eventually, the city manager gave me the information. A couple of days later I got this (emphasis added).

Dear Mr. Hawkins:

I have been advised you have made contact twice this week with Lt. J. Chris Read requesting copies of any disciplinary action taken against Officer Richard Dubois. I am now aware that you made your first request on Monday, Mark 9th and returned on Wednesday, March 11th. Each time you received a verbal denial from Lt. Read advising that the information you were requesting is confidential as personnel records are confidential.

I must apologize that as you are aware, should there be a final written decision relating to a disciplinary action taken against an employee, that information is not confidential and you would have a right to access of that information. Your request should have been handled differently and following a review of the individual’s personnel file, you should have been advised that there are no disciplinary action documents in the file. I have personally checked the officer’s personnel file and can state that there are no disciplinary documents of any kind in the file.

As a result of how your request for information was handled by a member of my staff, I have undertaken a review of our procedures pertaining to public access to records. All Police Supervisors are to review our Standard Operating Procedure, Public Access to Records, to ensure that a request for information is handled properly.

Again, there is no information pertaining to disciplinary action regarding Officer Richard Dubois to provide to you per your request. I am truly sorry for the inconvenience you have experienced.

Sincerely

Chief Wayne M McCamish

Quality response. This covers the department from the $500 fine to which Lt. Read potentially subjected them since it covers both my requests within 5 business days of receiving them. While it would have been interesting to see the whole process of a fine being assessed to either the police department or the city itself, I’m far happier to see that the law was followed correctly. Regardless, I’ve contacted a local paper to see if they’re interested in having me write this story for them (I’ve written for them in the past [usually about local hiking]).

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Being right feels so good

Posted on March 13, 2009 by Michael

I recently wrote about my experience obtaining information using the Maine Freedom of Information Access Act. I wanted any “final written decisions” relating to a local police officers disciplinary record. Another officer told me that was not public information. He asserted that his 20 years of experience trumps what the law actually (and explicitly) says. In short, the man was largely ignorant of the law – and too stubborn to admit it even when faced with undeniable evidence.

After going to the City Manager, I received a letter in the mail. Here is the body of it.

I am in receipt of your request for copies of all disciplinary action taken against Officer Richard Dubois. I have reviewed the officer’s personnel file and find no records of disciplinary action. Augusta Police Department Officers are covered by a collective bargaining agreement which prevents written disciplinary action from remaining in an officer’s personnel file in excess of two (2) years unless a similar violation has occurred (relevant language enclosed).

As an aside, I noticed your internal posting this afternoon and enjoyed it. I recommend your journalism professor give you an “A”!

In other words, I am absolutely right that the information for which I asked is public. It just so happens that the information is only left in personnel files for a certain period of time, i.e., some of the stuff I wanted simply does not physically exist any longer (assuming it did at all). For the time when the information does exist, Officer Dubois has had no disciplinary actions taken against him.

Oh, what to do now, what to do now. I can take the high road and enjoy that feeling of being vindicated humbly (minus this current indulgence). Alternatively, I can request the information of Lt. Read and be sure to post it. In addition, I can also be sure the local newspaper hears about this. Furthermore, I can be sure to explore all possible avenues as they related to the officer/police department being fined for not issuing me the required letter explaining why they feel the need to break the law. Guess which road this persistent defender of rights is going to take?

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