Read 'em your rights
By: North County Times Opinion staff | ∞
Our view: Police agencies fail to follow public records law; better training needed
When a cop pulls us over for traffic violations, it's reasonable to expect the officer to know the laws better than we do, and that's usually the case when it comes to our conduct on the road. But it appears law enforcers are grossly ignorant about laws policing their own actions when it comes to the public's right to know.
Most agencies in the state -- including police and sheriff's stations in North County -- flunked a test last month on how they provide information to the public.
The audit was organized by Californians Aware, a Sacramento-based First Amendment advocacy group. Volunteers from press organizations, including the North County Times, approached 216 law enforcement agencies in 34 counties on Dec. 4 asking for crime reports from the first two weeks of November and personnel information that, by state law, should be public record.
The results were dismaying. Both the Escondido and Oceanside police departments received failing grades. The Vista Sheriff's Station scored a D, and Carlsbad police received the highest grade in North County, a C.
State laws, including the California Public Records Act, define what documents must be made available upon request, and crime reports fall under the definition. The auditors asked for information on burglaries, armed robberies and sexual assaults. They also asked for copies of the salary schedules for police officers, how much each department is spending on workers' compensation claims, the number of inmate deaths while in police custody and the financial interest reports of police chiefs and sheriffs -- all of which are public record.
In Escondido, the auditor was referred to a Web site for crime data and the city never responded to a written request for the personnel information. The public records act specifically states that agencies must provide written copies -- not just digital versions -- of a crime report.
In Oceanside, the request for crime reports was denied because the department's records supervisor said they didn't offer any information on crimes older than 72 hours. Nor did the department comply with the personnel records request and instead referred the auditor to the city clerk's office.
In Carlsbad and Vista, officials defied state law by asking to see identification before offering any information, implying that they didn't give information to "just anyone." In Vista, a deputy told the auditor that crime information was given out on a "need-to-know basis," and even then they didn't have anything older than two weeks because, the Vista officer said, most sheriff's records are kept in Kearny Mesa.
Unfortunately, the auditor who went to the main sheriff's office was told to check individual substations for crime reports.
Carlsbad, to its credit, was helpful after demanding identification, and did its best to provide the requested personnel information.
What we have here is more than a failure to communicate: These results show either flagrant disregard for the public's right to know or complete ignorance of state law. Either way, it's a travesty; the California Public Records Act was passed in 1968, nearly four decades ago.
This isn't a case of reporters whining about cops making our jobs harder. In California, we have no more rights than you, and the audit sought only information that legally should be available to the general public.
That information is supposed to be public for good reason.
For instance, suppose you want to check on the number of burglaries in your neighborhood, or in a neighborhood you and your family are considering moving to. Or say you wanted to look up standard salaries for police officers the week before the city council votes to give them pay raises and increased benefits.
Also, police agencies exercise an incredible amount of power. The only clear way to make sure they don't abuse that power is by informing the public of their actions, which should be contained in crime reports.
Oceanside Police Chief Frank McCoy and Escondido Mayor Lori Holt Pfeiler both recognized that the audit shows their respective departments need to better train the folks working the front desk, who are often volunteers. All of our law enforcement agencies should do that soon. After all, public agencies are there to serve the people.
The public, too, should educate itself. Know what information you legally are entitled to. Information can be found at www.calaware.org.
If you are denied information from the police or sheriff, press them to cite the law that allows them to hide it. Rights neglected too often turn into rights denied. And public access laws are an important way we can make sure our police agencies are protecting and serving us.
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Hope we follow up wrote on Jan 16, 2007 12:41 AM:For a change, lets follow up and run an article on what iformation is and should be available to the public, how to get the information and recourse if the information is denied.
Need To Know wrote on Jan 16, 2007 8:22 AM:The public needs to know everything! 'In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.' Govt Code 6250.
copper wrote on Jan 16, 2007 8:43 AM:We have better things to do than worry about laws that have no importance on our day to day duties.
Mike wrote on Jan 16, 2007 9:10 AM:This was no test it was a stunt... I would like to see the press respond to the letter from the Sheriff... Did you guys not respond to a follow up for more information so the request could be fulfilled? Did you realize the Sheriff is an elected official so their is no contract? Did you realize that this exercise was a farce designed to create a sense that the law wasn't being complied with? If there is a story of someone not being able to receive a crime report they filed I think you would have run that story otherwise you made it seem like the information wasn't available when it was. There is nothing wrong with pointing you to a new location to get information when it is not kept at the location or should we reasign cops in the field to a desk to field random requests for information. All this shows is the public, if desired, could easily use current law to grond the wheels of justice to a halt requesting loads of uselss information that aganecies don't have the staff or time to look up!
not amused wrote on Jan 16, 2007 9:12 AM:The reasons for audits are to make sure that public agencies are doing what they are required to do. This worked and the agencies in question stated they will work to improve. Your suggestion of challenging front desk staff and having them recite laws or perform cartwheels is not practical. Requests can be made in writing, or if there is no satisfaction, a supervisor should be asked for. There does need to be improvements, which hopefully do not include taking resources from where they are needed such s the streets, to cater to those who cannot wait for their various requests for non emergency information. I do not agree that there is a flagrant disregard for the public's right to know, nor do I agree with your consistent anti law enforcement stances. These are not evil empires, but are in fact agencies staffed with people that are there trying to help, not hinder, and can try to be, but certainly are not perfect like the NCT staff must be.
I Know wrote on Jan 16, 2007 10:39 AM:I know...let's create another government agency whose sole purpose is to respond to requests for information so the NCT staff can take that and continue to misinform the public. The truth rarely makes a good story and won't sell newspapers so you can imagine what the papers will do when they get more of the truth through a better information distribution system. I'd rather that the police focus on catching bad guys instead of being data distribution clerks.
A NATION OF LAWS - wrote on Jan 16, 2007 10:40 AM:- “Our government... teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” QUOTE by Justice Louis Dembitz Brandeis, US Supreme Court.
Sticks and stones... wrote on Jan 16, 2007 3:49 PM:I agree wholeheartedly that more information should be made public. Let's start by ending anonymous blogs to the NCT. Any individual who wishes to share their opinion should be enamored of an enthusiastically affixing their signature forthwith. The NCT persists in engendering inflammatory, accusatory diatribes from woefully uninformed hate-mongers. Grow up, NCT. If you insist on encouraging "perspective" from any bonehead who can string together a few words, try encouraging some thoughtful, provocative dialogue for a change. When commentators are required to identify themselves, we might actually make some progress on issues which are critical to our very lives including societal, environmental and criminal. Or, you may continue adding to the chaos, fear and arrogance that has taken root in our beloved communities. The rest of us will simply eschew readership of this yellow press...due to your stubborn insistence on bone-headedly stringing together a few words.
Need to Know wrote on Jan 16, 2007 7:50 PM:To Sticks and stones. NCT Letters are limited to one letter every two weeks. The NCT comments are the same as a moderated newsgroup, chat or forum that allows anonymous posts. That's the internet. And none of that information is public. In contrast, working for the public means working for the public. If the public wants to look at a document held by its government, the public has a fundamental right, by law, to look at the document.
Tri City Blues wrote on Jan 16, 2007 7:56 PM:Now what would happen if NCTimes or the general public were to go to the hospital and ask for a public record? What would happen if NCTimes or the general public were to ask to review all incident reports not related to patient care, or doctor peer review? Let's ask for salary schedule of each employee, manager, director, Vice President. Let's ask for how much each department is spending on Worker's comp. Let's ask about the number of tort claims filed, how much has been paid out, number of deaths, number of reportable sentinel events (loss of life or limb), how much has been spent on settling lawsuits, how much has been spent hiring personal (consultant) friends doing lunch, dinner and travel for all managers and up to the CEO, how much has been spent on various doctors and medical groups to attend meetings to plan, develop, promote strategic planning or master facility plan, or to do on-call emergency, board committees, peer review, or quality assurance committees, Medical Executive committee, and how much has been spent on the various lawyers and their firms for different projects (initiated by board, by CEO, or by any board member, or Vice President). And then let's compare each year and cross reference it with the timeline CEO Gonzalez, and his buddies’ arrival. Listen to board tapes where Gonzalez said he could save the District money because of his expertise and his team’s expertise – goal: use fewer consultants than previous CEO, and slim down management. Then ask yourself did Gonzalez live up to his promise? Did Gonzalez save the taxpayers any money? Or is Gonzalez and his spending habits like that of an old movie where “a sailor just came into port and spent wildly – self gratification?
Respect! wrote on Jan 17, 2007 6:31 AM:They're police officers NOT COPS. Show some respect.
Sticks and stones... wrote on Jan 17, 2007 6:45 AM:To Need to Know (aka NCT staff hiding behind anonymous blogs) Allow me to extend my gratitude. Your petulant, childish response made my point. You (predictably) rose to the occasion by seeking your own level of incompetence. Again, my thanks.
Need to Know wrote on Jan 17, 2007 11:07 AM:To Sticks and Stones. I can assure you that Dick High does not have any interest in my employment. The NCTimes has failed in many of its public watchdog functions, and, about two years ago, its editorial staff fell out of step with the community. I have had legitimate requests under the public records act rejected for invalid reasons, and the NCTimes, when notified, could care less. Anyway, I have to go, I hope to make down to City Hall today with another public records request.
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