When covering the police, it's essential that you get to know the officers. They are real people, too, with families and hobbies and a life outside of their job. However, their job requires that they enforce the law. If you're on the wrong side of the law, it's their job to make sure you obey it. Here are some basic tips for covering law enforcement:
Using State Open Records LawsEach of the 50 states and the District of Columbia has an open records or "sunshine" law that guarantees public access to certain government records. These may be used as a last resort to obtain information.Arkansas Code 25-19-101 requires that public records kept by the police are available to any resident requesting them in accordance with the law. Students attending private colleges whose police departments operate as law enforcement units either by statute or deputization have access to crime reports to the extent provide by the state Freedom of Information laws. Arkansas is one of the most lenient states concerning FOI laws, and has even produced the Freedom of Information Handbook. NOTE on the Family Educational Rights and Privacy Act (a.k.a. the Buckley Amendment): A 1992 amendment explicitly states that FERPA is not applied to campus police or security department records, i.e. when state and federal laws demand disclosure, a school may not use FERPA as an excuse to not comply. What Records Are Available?
Requesting the RecordsThe first thing to do is simply ask, professionally and politely, for the records you want. Indentify yourself and your news affiliation and ask to speak with the officer handling press inquiries or the officer who assembles the police blotter or incident reports. Requesting police records need not and should not be adversarial.If the police refuse to give you the requested records, inform the custodian of the records that you do not understand the denial because you know the records are public under state law. Ask for the specific legal exemption on which the denial is based. Make clear you do not want an explanation; you want a legal justification. Remember, be firm but courteous. Give them room to back down without losing face. If you still cannot obtain the records, accurately write down the name of the custodian of the records and inform him or her that you will file a formal appeal with his supervisor and, if necessary, the college president and other relevant governmental officials. Also let them know you will have to include in your news story that the police refused to give you access to public records about crime. If your oral request is denied, it is time to start "The Paper Trail" by putting your request in writing. You can obtain a FOI Request Letter from the Student Press Law Center. Your appeal should include the same information as your original request, but should also briefly describe how you were denied access in your original request. Direct your first letter to the Chief of Police. Deliver it by certified mail. Make your request as specific as possible. Be sure to cite Arkansas Code 25-19-101. State that you'd like to know why your request was denied. Most state laws require that officials provide a written explanation. Ask to be given any reasonably segregable portion of the record if parts are exempt from disclosure. Explain that you're willing to pay a reasonable fee (as outlined in the law) for copying costs and be sure to state the maximum amount you're willing to pay. Make clear that you're willing to pursue every legal remedy necessary, and note penalty provisions under the law for failure to release public records.
If you don't understand something in this Web note, please e-mail Dr. Sitton.
İRonald W. Sitton 2004 Revised 200409028 http://www.uamont.edu/FacultyWeb/sitton/crz/ntro/pdbeat.html |