Posts Tagged ‘Open Records Project’

Florida Man Fights Extensive Public Records Request Abuse

Friday, May 26th, 2017

INTRODUCTION
 
The City of Homestead has a torrid reputation, and a pattern of willfully refusing to comply with the public records law. Homestead is a little town at the southern end of Miami-Dade County, rarely receiving the scrutiny it deserves as a cesspool of public corruption and maleficence.
 
I have used the records request process, as a pre-discovery method for investigating my civil rights claims. Homestead has failed to comply with the public records law on the majority of the nearly one hundred requests I have filed.
 
Homestead has a pattern and practice of unlawful noncompliance as it relates to the records law including but not limited to: excessively overcharging for records, claiming inapplicable exemptions, creating automatic and/or unreasonable delays in production, claiming incriminating records do not exist, falsifying records and destruction of records.
 
Florida has some of the strictest public records laws in the nation. The records law is thoroughly explained in the Government in the Sunshine Manual (GSM), and the city owns several copies. Yet, you could be easily fooled into thinking otherwise, based on the behavior and actions of Homestead and their attorneys.
 
I hope the information provided herein, while extensive by nature, will educate the readers on the public records law and how some public entities create costly issues.
 
BACKGROUND
 
PINAC published the original story of my abuse by Homestead officer Alejandro Murguido, beginning in 2012. I was falsely arrested in April 2013, after attempting to file a complaint, and charged for simply asking my neighbor to not speed and recklessly drive his city owned police car, in our community. Children regularly play in the street, and Murguido had previously asked me to contact him directly versus filing a formal complaint with his department.
 
I met with Homestead Chief of Police Alexander Rolle to file a complaint in February 2014. All false charges against me had been dismissed shortly

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Missouri Police Association Sues Missouri Police Department Over Public Records Violations

Wednesday, December 7th, 2016

A Missouri police association filed a lawsuit against the city of Columbia, accusing its police department of violating the state’s public records law by refusing to provide records in a timely manner, then charging an exorbitant amount for the requested records.
Last summer, the Columbia Police Officers’ Association requested two months worth of email correspondence between Columbia Police Chief Ken Burton Deputy Chief of Police Jill Schlude.
But the emails were not produced within three days as required by state law nor did the association receive a detailed explanation providing “reasonable cause” of the delay as outlined in Section 610.023 of the Missouri Sunshine Law.
And when the department finally responded to the records request, it was charging the association $893.59, claiming it will take several high-ranking officers to spend hours compiling the records.
Evidently, they’ve never learned how to use the search function in their email system, which would allow the lowest paid clerk to compile the emails within an hour.
The police association was asking for emails from the months of June and July of this year. And it filed its lawsuit in October, which can be read here.
The Columbia Police Officers’ Association is a private organization that is not part of the Columbia Police Department although the majority of the department’s officers are members.
However, the organization is not a police labor union, even though it is lodge of the Fraternal Order of Police.
Missouri is a right-to-work state and thus does not have collective bargaining. Instead, the police association provides legal services to officers of the Columbia Police Department in the event that an officer is sued or is on trial in need of a defense attorney.
On September 22, the police association submitted a records request for copies of all completed morale questionnaires submitted to the city manager by Columbia Police Department officers.
Earlier that month,

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