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FOIL update
Last week, I posted here that we had made a Freedom of Information Request for police and fire contracts, as well as a Police department operation manual, which is referenced twice in the Police union's contract.
At the time, I was somewhat critical of Commissioner of Ron Kim for not releasing the document, using the post to note that he is running for Mayor, and is expected to incorporate a call for increase openness in government as a part of his platform.
I spoke with the Commissioner today, who told me that although I would have to wait for word from the City Attorney on a formal decision on our request, the document was not releasable.
Kim's reasoning for this is that it contains operational procedures for things like drug buys, undercover operations, anti-terrorism procedures adopted from the FBI, and other bits that could legitimately put police officers at risk, should the wrong people get their hands on the document.
So, I will continue to follow the FOIL request, with the hope that it might be approved, but Kim told me today that he would sooner go to court than release such a sensitive document.
I'm all for openness, but I certainly understand the desire to keep secret procedures used to ensnare drug dealers and other criminals.
At the time, I was somewhat critical of Commissioner of Ron Kim for not releasing the document, using the post to note that he is running for Mayor, and is expected to incorporate a call for increase openness in government as a part of his platform.
I spoke with the Commissioner today, who told me that although I would have to wait for word from the City Attorney on a formal decision on our request, the document was not releasable.
Kim's reasoning for this is that it contains operational procedures for things like drug buys, undercover operations, anti-terrorism procedures adopted from the FBI, and other bits that could legitimately put police officers at risk, should the wrong people get their hands on the document.
So, I will continue to follow the FOIL request, with the hope that it might be approved, but Kim told me today that he would sooner go to court than release such a sensitive document.
I'm all for openness, but I certainly understand the desire to keep secret procedures used to ensnare drug dealers and other criminals.
posted by The Saratogian City Desk at
5:12 PM
10 Comments:
That's a load of shit, Andrew. Don't buy that ruse. I don't believe for ONE minute there is something in the police contract that would prevent Kim from giving it to you. And I also highly doubt the procedural manual has anything that would put police at risk in the hands of the press. If there are sensitive sections, Kim or pubic safety could redact them. You should specify this in your FOIL so it's not summarily rejected.
Still, I'm disappointed you've soften your stance toward this two-faced double talking scoundrel and his whole hypocritical back-room dealing clique. Ron Kim is an obstructionist who basically would release any document under his nose provided it meets his objectives in office. But in contrast, he doesn't want to give away anything that shows how beholden he really is to the police unions. And that, my friend, is why you're going to be denied your request.
HA: Thanks for the suggestion, I'll keep your suggestions in mind as we track this FOIL request.
As for softening my stance, I can only say that I'm sorry I've let you down.
Tell Mr. Kim to edit the pages of the procedural manual that he feels would jeopardize public safety, and release the rest of it.
Andrew J. Bernstein:
Don't worry about letting down HOratio Alger. He's a Republican flack who reflexively attacks anything said or done by the Democrats. Occasionally, he'll toss off a mildly critical comment about a Republican, but that's just to try to throw incautious readers off the scent. Sometimes I think HO is just Scotty Johnson's pen name, except that HO does seem to be a much better writer than Scotty will ever be.
Ho is right on. Be persistent. Don't take no for an answer. They could black out any sensitive material...
I for one would love to take a look at those documents.
I'm with Horatio. Government too often hides behind FOIL. Frankly the contract should be posted on the web, not hidden to the point that it takes legal maneuvering to obtain it. If the procedural manual has sensitive stuff in it, redact it. I've seen CIA memos released with three legible words and what appears to be 500 words redacted. I doubt Ronnie really needs that level of redaction - just show us the relevant stuff.
6:22,
Well goddamn. It took you guys long enough to figure me out. Just another shill for the GOP. And a shill named Johnson to boot. I guess I'll have to make an announcement on my blog: iSaratoga - THE Internet source for Republicans. Did you know I had Dick Cheney and the ghost of Richard Nixon guest-blog a couple of times? Well if you didn't, you can read about it in my memoir: The Alger Chronicles - Sticking it to the Democrats.
Cheers!
PS. You're a rube.
Did you make your FOIL to the City Clerk (Comm. of Accounts)? He is required to have all original Official Documents and Contracts, including all employee contracts.
Since union contracts have been public for at least the last 40 years, I think you will get an honest response from him.
SSS: The FOIL request was submitted to the City Attorney, whose job it is to evaluate such requests. I have no doubt that we will get the contract, the rules manual is the only piece I am unsure of.
Andrew,
Today represents the 10th business day since you wrote this post, and well over the allotted period for DPS and/or the city attorney to fill your request; if not, provide sound reason for its denial. I'm taking it from your comment they've done neither, which is a breach of the FOIL law.
If you're still interested in this matter, I would advise that you to automatically file an appeal. This will start a 30-day time period through which the appeals officer(not the attorney) will decide your claim.
Now here's the problem: If this is also arbitrarily ignored(like it probably will be), your paper will be left with the option of suing the city(a slam-dunk case) or letting the issue drop. Most cash-strapped news agencies opt for the latter unfortunately. But at least take it to that point...
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