Restrictive police records access policy struck down

Article Abstract:

The Ohio Supreme Court found in State ex. rel. Warren Newspapers v. Hutson that the Warren Police Department violated the state's open records law and ordered the department to make records available between 8 AM and 4 PM. The police chief limited access to 10 AM to 1 PM after the Warren Tribune Herald requested a number of investigation and incident reports. The Court ruled that records must be available during reasonable business hours and can only include charges for actual costs that do not include labor costs. The Court also granted attorney's fees because the police's action was retaliatory.

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Police recruit information found subject to state open records act

Article Abstract:

The Ohio Supreme Court ruled in State ex rel. Multimedia v. Snowden that Cincinnati Police Dept. records related to investigations of recruits were not exempt from the state's open records act. The police dept. claimed that the records were exempt as law enforcement investigatory records and as medical records. The Supreme Court noted the presumption in favor of disclosure of public records and the narrowness of the exemptions. It found that routine personnel investigations were not law enforcement activities and that medical history records were not being used for treatment.

Personnel records

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State court rejects federal FOIA criteria

Article Abstract:

The California Supreme Court broke a trend of reliance on the federal Freedom of Information Act to interpret state cases on the subject with Williams v. San Bernardino County Superior Court. The judges would not let the federal law guide their interpretation of the California Public Records Act, saying the California legislature had not intended to restrict disclosure as much as the federal law did. Thus, the Victorville Daily Press was able to gain access to disciplinary records on a sheriff's deputy accused of brutality.

Access control, Government information

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subjects list: Cases, Laws, regulations and rules, Public records, Ohio, Police, Police officers, Records and correspondence, Freedom of information
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