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posted by takyon on Sunday October 01 2017, @08:08AM   Printer-friendly
from the FOIA-shy-LEOs dept.

Submitted via IRC for guy_

Police Chief Takes To Facebook To Complain About A Journalist Committing Journalism

Generally speaking, law enforcement is a closed shop. It usually takes diligent efforts by journalists to pry loose documents pertaining to misconduct or misbehavior. State laws tend to make this more difficult than it should be by granting law enforcement agencies tons of public records exemptions.

It's this strained relationship being highlighted in an incredibly ill-advised Facebook post by the Aurora (IL) Police Department, penned by police chief Kristen Ziman. As Washington Post reporter Wesley Lowery pointed out on Twitter, it's not every day you witness a police department berate a journalist for practicing journalism.

For six months, a reporter at a local newspaper has been seeking essentially the complete case file of the tragic incident where a young man took his own life after exchanging gunshots with an Aurora Police officer in October, 2016. Both the reporter and the publication were especially interested in the officer's dash cam video of the traffic stop that began the entire episode in an apparent attempt to disprove its justification. (The publication wrote an editorial on March 26, 2017, calling into question the officer's actions and our explanation of events.) You can see the stop and events that led up to it on this post.

[...] While I understand FOIA's enhance openness and public transparency, many of the FOIA's this reporter files don't result in published articles. The hours the city has worked to fulfill her FOIA requests has cost taxpayers and resulted in police supervisors devoting their time on FOIA requests rather than concentrating on our crime fighting initiatives. The demand for trust between the community and the police is prolific. At some point, there has to be a trusting relationship between the media and the police.

[...] Finally, the Facebook post says "there has to be a trusting relationship between the media and police." No, there absolutely does not. This is completely wrong. Journalism is nothing more than stenography if it allows government agencies to steer narratives and coverage. Chief Ziman seems to think reporters should accept every statement made by police officials at face value, rather than seek underlying documents. That's not trust. That's obeisance. It's worthless in the context of transparency and accountability.


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  • (Score: 1, Insightful) by Anonymous Coward on Sunday October 01 2017, @09:06AM (3 children)

    by Anonymous Coward on Sunday October 01 2017, @09:06AM (#575499)

    Complaint is about resources, AFAICT. The chief is complaining that FOIA costs them effort.

    At some point, there has to be a trusting relationship between the media and the police.

    Maybe at that point the chief should agree to disagree. :) Yes, it costs money for FOIA. But that's the cost of transparency. It would be nice for transparency that all police files were opened on public site somewhere, but police doesn't want that and it probably would not be a good idea either - you know, witness names and all that. So all we have is this FOIA, where when someone wants access to these sensitive files, the names of the innocent can be withheld.

    Now, if there was a court case about this incident, then FOIA probably wouldn't be necessary. Then again, court cases probably more expensive on all sides than FOIA.

    • (Score: 0) by Anonymous Coward on Sunday October 01 2017, @04:15PM

      by Anonymous Coward on Sunday October 01 2017, @04:15PM (#575594)

      But that's the cost of transparency.

      Government should be run like a company; we need to cut costs where-ever we see them and this 'transparency' is not a crucial thing so it should be cut. We cops are the good guys, you guys are the bad guys. When will this get through to you criminalspeople.

      Oh, almost forgot: </sarc>

    • (Score: 2) by krishnoid on Sunday October 01 2017, @09:06PM (1 child)

      by krishnoid (1156) on Sunday October 01 2017, @09:06PM (#575678)
      1. Work in a police office for a year
      2. Identify workflow for satisfying FOIA requests
      3. Write support software for receiving/communicating/organizing/fulfilling FOIA requests
      4. Point out how this software will help the media and them trust each other more
      5. Sell to police offices around the country
      6. ...
      7. Profit!
      • (Score: 2) by Mykl on Monday October 02 2017, @02:53AM

        by Mykl (1112) on Monday October 02 2017, @02:53AM (#575743)

        I can fill in Step 6 for you:

        6. Put it 'in the cloud' and charge your customers again for it

  • (Score: 1, Interesting) by Anonymous Coward on Sunday October 01 2017, @09:47AM

    by Anonymous Coward on Sunday October 01 2017, @09:47AM (#575510)

    Journalism is more than stenography.

    It has devolved into profit-based infotainment and blatant propaganda.

    But you already know that.

  • (Score: 1, Insightful) by Anonymous Coward on Sunday October 01 2017, @10:06AM

    by Anonymous Coward on Sunday October 01 2017, @10:06AM (#575514)

    In other news Russian journalism is called hacking the election ;).

  • (Score: 3, Insightful) by GDX on Sunday October 01 2017, @10:16AM

    by GDX (1950) on Sunday October 01 2017, @10:16AM (#575518)

    [quote]At some point, there has to be a trusting relationship between the media and the police.[/quote]

    First you have to win that trust, and I think that the police is doing very little to win that trust.

  • (Score: 5, Insightful) by maxwell demon on Sunday October 01 2017, @10:52AM (1 child)

    by maxwell demon (1608) on Sunday October 01 2017, @10:52AM (#575525) Journal

    Actually there does need to be a trusting relationship between police and media:

    The police must be able to trust that the media do their job, instead of simply making things up.

    The media must be able to trust that the police won't interfere with their work.

    Of course both have nothing to do with the complaint.

    --
    The Tao of math: The numbers you can count are not the real numbers.
    • (Score: 2) by DannyB on Monday October 02 2017, @02:30PM

      by DannyB (5839) Subscriber Badge on Monday October 02 2017, @02:30PM (#575906) Journal

      The public must be able to trust that the police aren't worse than the criminals they are supposed to protect us from. The media should be instrumental in keeping the police honest. It's sad that anyone should have to keep the police honest. Honesty is something that was once taken for granted with little to no doubt. It is the police who have destroyed any trust the public and media might have. So the police have nowhere else to point the finger except at themselves.

      Hint to police departments: If you're merely complaining that fulfilling FOIA requests is a resource problem, then streamline the process of fulfilling such requests. Have as much transparency as possible, not as little as possible.

      It seems so obvious as to not need saying. Trust must be earned. Trust is easy to lose. Difficult to get back. It is astonishing that police departments don't seem to understand this.

      Maybe instead of shouting "stop resisting!" as you beat someone to a bloody pulp, start shouting "stop distrusting!" instead.

      --
      The lower I set my standards the more accomplishments I have.
  • (Score: 4, Interesting) by Anonymous Coward on Sunday October 01 2017, @11:17AM (1 child)

    by Anonymous Coward on Sunday October 01 2017, @11:17AM (#575531)

    The law [ilga.gov] has provisions for cost recovery:

    (a-5) If a voluminous request is for electronic records and those records are not in a portable document format (PDF), the public body may charge up to $20 for not more than 2 megabytes of data, up to $40 for more than 2 but not more than 4 megabytes of data, and up to $100 for more than 4 megabytes of data. If a voluminous request is for electronic records and those records are in a portable document format, the public body may charge up to $20 for not more than 80 megabytes of data, up to $40 for more than 80 megabytes but not more than 160 megabytes of data, and up to $100 for more than 160 megabytes of data. If the responsive electronic records are in both a portable document format and not in a portable document format, the public body may separate the fees and charge the requester under both fee scales.
            If a public body imposes a fee pursuant to this subsection (a-5), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records.

            (b) Except when a fee is otherwise fixed by statute, each public body may charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the public body to copy records. No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requester. The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page. If a public body provides copies in color or in a size other than letter or legal, the public body may not charge more than its actual cost for reproducing the records. In calculating its actual cost for reproducing records or for the use of the equipment of the public body to reproduce records, a public body shall not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records, except for commercial requests as provided in subsection (f) of this Section. Such fees shall be imposed according to a standard scale of fees, established and made public by the body imposing them. The cost for certifying a record shall not exceed $1.

    It goes on to exempt the news media:

    (c) Documents shall be furnished without charge or at a reduced charge, as determined by the public body, if the person requesting the documents states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. For purposes of this subsection, "commercial benefit" shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public. In setting the amount of the waiver or reduction, the public body may take into consideration the amount of materials requested and the cost of copying them.

    It looks as though the legislature wanted the press to have inexpensive access to public records. Chief Ziman is certainly entitled to say that that's a problem. Maybe the legislature will hear her and revise the law. Were I in her place, I like to think my highest priority would be minimizing the number of gun fights my officers got into, so that burdensome FOIA requests would be an infrequent occurrence. If a reporter's story could "disprove" my officer's, or my department's, statements about an event like that, I'd want to read that story. Maybe the chief meant "cast doubt on" rather than "disprove."

    • (Score: 4, Informative) by Thexalon on Sunday October 01 2017, @05:41PM

      by Thexalon (636) on Sunday October 01 2017, @05:41PM (#575616)

      That's similar to the federal FOIA: If it's for media purposes or otherwise in the public interest, then the fees may be waived, otherwise it can cost you a bit. I learned all about that doing some investigation of something that seemed a bit off from the EPA - a friendly bureaucrat (and I mean that seriously) responded promptly and was happy to answer all my questions, free of charge.

      And yes, getting stories that demonstrate that police are lying to the public and courts about something important are precisely what good investigative journalists covering the municipal beat ought to be doing. Simply recording whatever the government tells you isn't reporting, it's spreading propaganda.

      --
      The only thing that stops a bad guy with a compiler is a good guy with a compiler.
  • (Score: 4, Interesting) by bzipitidoo on Sunday October 01 2017, @01:33PM (4 children)

    by bzipitidoo (4388) on Sunday October 01 2017, @01:33PM (#575548) Journal

    One dark evening I heard gunfire outside. Had never heard that before. I peeped out a window (which may not have been the smartest move) and saw a police officer trotting down the alley with his gun drawn. What the heck was he doing, shooting at wildlife?

    As I don't like bullets flying past my home and me having no idea why, I called the city police the next day to inquire and got absolutely nowhere. Wouldn't tell me anything. Said I could file a Freedom of Information Act request. Yeah, way to throw bureaucratic roadblocks at me. For all I know, I saw a trigger happy cop seizing on an excuse to shoot a few rounds, and they were determined to cover it up. If those punk police ever happen to want my help, they can write me a letter. Maybe I'll get around to answering it.

    • (Score: 1, Interesting) by Anonymous Coward on Sunday October 01 2017, @02:44PM

      by Anonymous Coward on Sunday October 01 2017, @02:44PM (#575569)

      If you were talking to the police, you would want a lawyer. If you were arrested by the police, you wouldn't want them to tell everyone prior to conviction. There's a reason why you don't want the police to just answer questions about what happened in a way that avoids oversight. Think about the trust for the police that requires.

    • (Score: 5, Interesting) by Anonymous Coward on Sunday October 01 2017, @07:40PM (1 child)

      by Anonymous Coward on Sunday October 01 2017, @07:40PM (#575659)

      Why not call 911 right then and there and report it as a crime? Sure, it was (probably) a cop, but now it's logged in a particular way and they *might* give you more information in order to keep the peace.

      • (Score: 1, Informative) by Anonymous Coward on Monday October 02 2017, @08:43AM

        by Anonymous Coward on Monday October 02 2017, @08:43AM (#575820)
        Don't do it if you're a black guy though. e.g. "Hi 911, I heard some shots fired outside my house and there's someone dressed as a cop outside too."

        Cops come to your house with plenty of guns, bash your door in and shoot you dead. Turns out you were holding a phone, not a gun. Cops involved assigned to desk duty for a month or two. BLM make a few protests. End of story.
    • (Score: 2) by krishnoid on Sunday October 01 2017, @08:59PM

      by krishnoid (1156) on Sunday October 01 2017, @08:59PM (#575674)

      If those punk police ever happen to want my help, they can write me a letter. Maybe I'll get around to answering it.

      Too bad you don't have security camera footage of the cop. You could respond to the letter with a copy of that.

  • (Score: 2, Insightful) by Anonymous Coward on Sunday October 01 2017, @04:07PM

    by Anonymous Coward on Sunday October 01 2017, @04:07PM (#575590)

    "many of the FOIA's this reporter files don't result in published articles. "

    none of your business, you stupid pig.

    "The hours the city has worked to fulfill her FOIA requests has cost taxpayers and resulted in police supervisors devoting their time on FOIA requests "

    why do you have supervisors responding to foia requests? oh that's right have to guard the truth from the people.

    "rather than concentrating on our crime fighting initiatives. "

    crime fighting? yeah right. more like armed robbery on a mass scale.

    "The demand for trust between the community and the police is prolific. At some point, there has to be a trusting relationship between the media and the police."

    no, you just provide the info requested of you and shut your fucking pie hole.

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