Category Archives: Law Enforcement

They are Sworn to Uphold the Law. So How about Obeying the Freedom of Information Act.

by Categorized: Government, Law Enforcement, Public Safety, Transparency/FOI Date:
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A number of our law-enforcement employees – those folks who are paid by us for the sole purpose of serving us – have been working extra-hard lately devoting scarce time and resources to blocking our ability to hold them accountable.

For the second time this month, the state Freedom of Information Commission has had to waste its time instructing civil servants, once again, that we, as the bosses of every single person in public employment, have a legal right to know how our employees are performing the jobs we pay them to do.

And now comes word that the under-resourced Commission will have to do it again sometime down the road, based on the groundless refusal by state police to release an internal affairs investigation of two troopers who are accused in a civil suit of trumping up charges against an East Hartford man.

These issues have been settled dozens and dozens and dozens of time by the Freedom of Information Commission. And The Scoop has written on the topic multiple times. But while public employees and their lawyers are obligated to know and obey the laws of the state, the provisions of the Freedom of Information Act just don’t seem to sink in.

So as we’ve done before, here’s yet another primer on why it’s not an invasion of privacy when we the bosses want to check up on the employees we collectively hired. Continue reading →

Since 1997, More the 1,000 U.S. Officers Have Been Murdered

by Categorized: Data, Law Enforcement, Public Safety, Uncategorized Date:
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The policemen gunned down in Dallas Thursday night join a long and sad list of officers intentionally slain year-after-year in the line of duty. From 1997 to 2015, according to FBI statistics, 1,005 members of U.S. law enforcement members were “feloniously killed” – and a surprisingly large number died in ambushes.

Over the last two decades, officer murders peaked in 2011, when 72 were slain. Preliminary numbers for 2015 are far lower: 41.

Those numbers are a fraction of all law-enforcement deaths. Intentional killings account for about a third of the officers who die in the line of duty, with many more dying in car accidents and from job-related illnesses. The overall numbers have dropped dramatically from spikes in violence against police in the 1920s and 30s, and the 1970s.

While deadly encounters during traffic stop may seem to be the most common scenario in which officers are killed, they account for fewer than one in five slayings. Since 1997, more officers were killed in ambushes – including unprovoked attacks and cases in which officers were lured into danger – than during traffic stops. About one in 13 killings occurred while police were responding to a domestic dispute.

Firearms were used in 92 percent of all murders of police since 1997. Handguns were used most often, although rifles and shotguns were used far more often with cop killings than with homicides in the general population. In recent years, about 7 percent of firearm homicides were committed with rifles or shotguns. Among killings of police, long guns were used more than four times as often.

For CT FOI’s Birthday: A (Mostly) Good-News Story

by Categorized: Government, Law Enforcement, Legal Affairs, Transparency/FOI Date:
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Connecticut’s Freedom of Information Act turns 40 years old today, and in honor of that milestone, let’s write about a transparency success story – the tale of an agency that received a request for public documents and actually produced the records with no delays, no phony FOI_Grassoroadblocks, and even no cost.

This is not a fictionalized fantasy; it really happened, and it involved the City of Hartford Corporation Counsel, which, under prior regimes, was not always so agreeable when it came to giving, to the public, records that belong to the public.

First, some background: On Nov. 14, 2012 a Hartford man named Lamonte Brown was walking with his dog Boomer on South Marshall Street when police officers investigating a noise complaint confronted him and, he says, beat him, shot him with Tasers, and impounded his dog, which was later euthanized.

Those events led to a lawsuit against the officers in federal court and then, in August, to a formal settlement – with Brown agreeing to drop the suit and city officials agreeing to write Brown a check for $7,500. The settlement was later reported by the Associated Press, in a story that included this curious line: “Brown’s lawyer, John Q. Gale, said he couldn’t discuss the case because of a confidentiality agreement.”

Such confidentiality agreements are common in lawsuit settlements. They are also controversial, with a continuing debate over whether the potential benefit of that secrecy (the ability to settle more cases without the fear of inviting more litigation) outweighs the potential harm (keeping the public in the dark about, say, especially dangerous doctors or dangerous products or serial rapists).

But when it comes to public agencies – at least in Connecticut – that debate is mostly muted. Our Freedom of Information Commission – an independent agency that is the jewel of the law turning 40 today – has consistently held that when government officials settle lawsuits, they can’t keep taxpayers in the dark about the terms of the settlement – unless there are special circumstances that compel a a judge to take the extraordinary step of ordering the settlement sealed.

Which brings us back to Lamonte Brown’s case. Continue reading →

Racial Profiling Report Just Another “Race Baited Article by the Liberal Courant”?

by Categorized: Data, Law Enforcement, Race/Ethnicity Date:
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For all the data analysis conducted by The Courant, no other topic comes close to generating the reader reaction we receive when looking at apparent racial disparities in policing.

That was evident once again this week with the release of fresh police-stop data showing – as previous releases have – that statewide, black and Hispanic motorists are stopped and ticketed at higher rates than white drivers.

That led to a flurry of comments on The Courant’s website – more than 100 at last count – most of which took exception to any implication that police officers might be treating minority drivers more harshly. Some were simply self-disproving diatribes – posts that used overtly racist slurs in arguing that racism was non-existent. But others took aim at the statistical methodology applied, some raising legitimate points, others misinterpreting or making incorrect assumptions about the analysis applied.

So, as we have in the past, here’s a primer on the data collected by the Connecticut Racial Profiling Prohibition Project and on the Courant’s analysis of post-stop behavior, along with responses to the most frequent issues that are raised whenever we dig into this data. Continue reading →

Yet Another Effort to Keep the Public in the Dark about the Public’s Business

by Categorized: Government, Law Enforcement, Legal Affairs, Transparency/FOI Date:
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It is extraordinarily well-settled law in Connecticut that personnel records related to the official conduct of our civil servants are public records that must – with rare and well-delineated exceptions – be released to members of the public, who employ those civil servants.

And yet, decades after the state Supreme Court resolved any serious question about the obligation oftopsecret public agencies, the dockets of the Freedom of Information Commission are routinely clogged with cases in which one town or another is trying – through ignorance or willful law-breaking – to keep personnel files secret.

Usually, the arguments are worn and tired, but occasionally an agency will come up with a novel, if misplaced, justification for skirting the law. That’s the case with a complaint brought against the Ansonia Police Department, which refuses to release personnel records for one of its officer. Continue reading →

Secrecy-Obsessed Bureaucrats Battle for Coveted “Golden Padlock Award”

by Categorized: First Amendment, Government, Law Enforcement, Legal Affairs, Media, Transparency/FOI, Uncategorized Date:
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When the Boston Globe sought records related to crashes involving Massachusetts State Police cars, the agency said it would be happy to comply – for a fee of $62,200. The agency was also willing to release a log of public-records requests – for $42,750. And the Staties told a reporter for the Bay State Examiner that he would have to pay a $710.50 “non-refundable research fee” just to find out how much the agency would ultimately charge for copies of internal-affairs documents.golden_padlock

For “habitually going to extraordinary lengths to thwart public records requests, protect law enforcement officers and public officials who violate the law and block efforts to scrutinize how the department performs its duties,” the Massachusetts State Police was named one of four finalists for the Golden Padlock Award, a slightly tongue-in-cheek honor bestowed annually by the journalism organization Investigative Reporters and Editors (IRE).

“It normally takes months or longer to respond to news media FOI requests. Requests for basic documents routinely produce refusals, large portions of blacked out documents or demands for tens of thousands of dollars in unjustified fees,” IRE gushed in announcing the department’s nomination. The news organization also quoted a 2013 story in the Worcester Telegram & Gazette that declared: “The Massachusetts State Police is a habitual offender – verging on a career criminal – when it comes to breaking a state law intended to ensure government is accountable to the people it serves.”

This is the third year IRE has led the hunt for “the most secretive government agency or individual in the United States.” Last year, the award was shared by the U.S. Navy FOI office, which not only stymied efforts by a reporter to obtain information on a shooting spree at the Navy Yard in Washington, D.C., but also accidentally sent the reporter an internal memo outlining the plan to keep records secret; and the governors of Oklahoma and Missouri, who went to extraordinary lengths to keep the public in the dark about problems with prison executions.

Joining the Massachusetts State Police as finalists this year are the Colorado Judicial Branch, which keeps records of its spending and disciplinary actions under wraps; The Texas Department of Public Safety, which tried to block inquiries into the validity of its border-security program; and the U.S. Department of Defense, which has stonewalled efforts to learn more about the massacre of 16 civilians in Afghanistan by an Army staff sergeant.

“There is a unique brand of courage displayed by public officials who deny, delay and circumvent the public’s right to know with a straight-faced sense of duty,” said Robert Cribb, a Toronto Star reporter and chair of IRE’s Golden Padlock committee. “They carry forward a rich tradition of undermining open records laws with ingenuity, commitment and condescension deserving of our acknowledgement.”

The winner will be announced at IRE’s annual conference this weekend.

Charity Fraud Charges: Four Down, Hundreds to Go

by Categorized: Consumer Affairs, Ethics, Government, Law Enforcement, Non-profits Date:
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The fraud case brought against four spectacularly inefficient cancer charities is welcome news to watchdogs who have studied the fleecing of generous donors by Donateunscrupulous nonprofits. But it is only the tip of the iceberg.

Americans donate hundreds of billions of dollars each year to more than 1.5  million tax-exempt organizations. The great majority are legitimate operations. But some – hundreds for sure – are little more than conduits that funnel money to professional fundraising firms while devoting pennies on the dollar to charitable purposes.

And there is often little the government can do about it. Continue reading →

No Shortage of Detractors for Racial Profiling Findings

by Categorized: Data, Law Enforcement, Public Safety, Race/Ethnicity Date:
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Racial and ethnic disparities in policing has long been an uneasy topic in Connecticut and across the country. And that was reflected in reaction to a Sunday story in the Courant reporting that black and Hispanic motorists pulled over for traffic violations were more likely to receive a ticket than were white motorists pulled over for the same offense.

Many commenters and email writers were quick to challenge the findings,  advancing a slew of reasons why the data or the analysis was flawed, and confidently assuring that there was a legitimate reason for any disparities in policing. Some raised legitimate questions. Others misunderstood the analysis.

The Courant performed a similar analysis in 2012 – and received a similarly visceral reaction from many readers.  So as we did three years ago, here’s an elucidation on a few of the topics raised by readers.

The most common misconception was that the reported disparities simply indicate that black and Hispanic drivers violate traffic laws at higher rates than white motorists. “Could minority drivers commit more motor vehicle violations than non-minority drivers?” one poster asked. “No, this can’t be true. that would be racist.” Continue reading →

A Transparency Advocate’s Legislative Wish List

by Categorized: Education, First Amendment, Government, Law Enforcement, Media, Politics, Public Safety, Transparency/FOI Date:
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I recently obtained an internal email in which a lawyer for a public agency laid out the agency’s strategy for responding to a request for records under the Freedom of Information Act.

Step One was identifying the records the agency was willing to release.

Step Two was identifying the records the agency had no intention of releasing.

And then Step Three, almost as an afterthought, was determining whether there was actually an exception under the Freedom of Information Act that would provide a legal basis for keeping the withheld documents secret from the public.

“As we discussed we can always withhold a document even if there is no exception,” the lawyer wrote, with the understanding that the agency might have to concoct a justification for the illegal act if the requester was savvy enough to pursue an appeal to the Freedom of Information Commission.

It wasn’t the first such email I had been made privy to, and it reminded me of the need for vigilance in Freedom of Information matters and the importance of constantly reminding the public servants who work for us that they do, in fact, work for us. They’re paid by us, they’re sworn to serve us. And with rare exceptions, all of the paperwork and data they produce and collect while on our payroll belongs to us, and should be provided to us without a fight.

So as the Legislature gets down to business this week, here’s one transparency advocate’s wish list, for any lawmakers willing to champion the not-so-radical concept that the people’s business really is the people’s business. Continue reading →

Veteran Boston Investigative Reporter Detained in Russia

by Categorized: First Amendment, Law Enforcement, Legal Affairs, Media, Non-profits Date:
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Joe Bergantino, executive director of the New England Center for Investigative Reporting and a long-time Boston television reporter, was detained in Russia Thursday while conducting a training session for fellowBergantino journalists, according to a release from the New England First Amendment Center.

Bergantino and Randy Covington of the University of South Carolina were leading a workshop with Russian journalists when authorities interrupted the session and took the two men away, the release states, citing Beth Daley, a reporter for NECIR who has spoken with Bergantino.

Daley said the men were accused of “teaching an educational workshop illegally because they were using the wrong visas,” according to the release. The men were then taken to a Russian court and ordered to halt the workshop and leave the country.

Bergantino, a former reporter for WBZ-TV and ABC News, co-founded the non-profit New England Center for Investigative Reporting in 2009.