When police pull the "investigatory" exemption, check into it further and tell the public!
This is something that happens all too often: Groton Town, Conn., experiences a police bust of a big party involving at least 20 teenagers, following a terrible drunken-driving accident a year ago that led to the death of a teenager. Citizens and journalists demand to know the details, including why some of the parents are fighting the minors-in-possession citations that their kids received. The police say they won't release the report because it's "still under investigation." The local newspaper writes an editorial complaining, which is great. I always advocate that journalists should write about hinky record denials, whether the denials are within the law or not. Officials aren't saying "no" to you, they are saying "no" to the thousands or millions of people in your community. But the editorial doesn't go far enough. A citizen posted a comment in reaction to the editorial, saying, "It would assist your readers' understanding of the issue you are addressing for you to be specific about 'a section of the state Freedom of Information Act' that you note is being cited by the Groton police to defend suppression of their report."
WELL SAID, DEAR READER!
Why do journalists complain about record denials but fail to take the time to actually look up the law and educate readers (and public officials)? Here's what every reporter and editorial writer can do when dealing with a public records denial:
1. Contact your organization attorney and ask if the police are breaking the law or not. At least talk to someone on staff who knows the law well - maybe the city editor or wizened government reporter who files FOIA requests weekly. Can't find someone or don't have an attorney? Proceed to step 2.
2. Contact a FOI expert in your state to get their take on the situation and maybe even a quote. A couple of sources: SPJ sunshine chair for your state, a coalition for open government in your state (e.g., Connecticut Foundation for Open Government), or the press association in your state (e.g., Connecticut Daily Newspaper Association). Or contact a national FOI expert and get help/quotes - see resources listed at SPJ's FOI resource site. About half the states now half public records ombudsman positions to mediate and educate (e.g., the Connecticut Freedom of Information Commission). Check to see if your state is one of them by reading a report issued last year by NFOIC.
3. Look up the law yourself. For a good general discussion of your state's law, including case law and links to the actual statute, go to the Reporter Committee's open government guide. For example, under Connecticut for the category "Police investigatory records, rules for active investigations," the guide says "FOIA exempts from disclosure any "information to be used in a prospective law enforcement action if prejudicial to such action." Conn. Gen. Stat. ยง 1-210(b)(3)." So if the police can show that release would cause problems, then maybe they can get away with it. But in most states they have to actually show that release would cause harm to an investigation.
Journalists can inform and educate - citizens AND public officials!