Police - Local Open Government Blog http://www.localopengovernment.com/articles/public-records/ en-us Copyright 2010 Thu, 11 Feb 2010 11:44:52 -0800 Fri, 12 Mar 2010 10:45:02 -0800 http://www.movabletype.org/?v=3.34 http://blogs.law.harvard.edu/tech/rss Maryland State Police's Internal Affairs Files Relating to Illegal Racial Profiling Not Exempt Personnel Records In response to a suit filed by the NAACP, a Maryland Court of Appeals decided that the Maryland State Police (MSP) must produce certain internal affairs files. In 2003, the NAACP and MSP entered into a federal consent decree to address claims of racial profiling. In 2007, the NAACP sought documents to verify MSP compliance with the consent decree. MSP produced many documents, but resisted producing the internal affairs files that may contain complaints of racial profiling. MSP asserted those files were “personnel records of an individual” and exempt from disclosure. On February 2, 2010, the court rejected the MSP defense, as well as the claim that an “Officer’s Bill of Rights” precluded disclosure.

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]]> http://www.localopengovernment.com/2010/02/articles/public-records/maryland-state-polices-internal-affairs-files-relating-to-illegal-racial-profiling-not-exempt-personnel-records/ http://www.localopengovernment.com/2010/02/articles/public-records/maryland-state-polices-internal-affairs-files-relating-to-illegal-racial-profiling-not-exempt-personnel-records/ In the courtsMarylandNAACPPolicePublic Records Thu, 11 Feb 2010 11:44:52 -0800 Steve DiJulio Illinois Court Distinguishes FOIA Precedent and Requires Disclosure of Police Survey under Illinois Law The Rockford (Illinois) Police Department commissioned a 2007 survey by Rockford College of uniform and non-uniform Department personnel, as well as residents in a particular area of the City. In addition to Departmental performance, the survey sought an assessment of employee job satisfaction.

The Rockford Police union sought disclosure of the survey results. The City resisted, asserting that the survey results were protected from disclosure under any of three exemptions: audits; personnel matters; or, the “self-critical analysis” privilege. On January 22, 2010, an Illinois Appellate Court rejected the City’s defenses and affirmed an earlier court order requiring disclosure of the survey. The Illinois Freedom of Information Act does not include an exemption for “self-critical analysis,” and the Illinois court would not graft federal precedent onto the state law exemptions.

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]]> http://www.localopengovernment.com/2010/02/articles/public-records/illinois-court-distinguishes-foia-precedent-and-requires-disclosure-of-police-survey-under-illinois-law/ http://www.localopengovernment.com/2010/02/articles/public-records/illinois-court-distinguishes-foia-precedent-and-requires-disclosure-of-police-survey-under-illinois-law/ IllinoisIn the newsPolicePublic RecordsRockfordSelf-Critical Analysis Mon, 08 Feb 2010 11:53:11 -0800 Steve DiJulio