Many police agencies want written request for records

Web posted December 13, 1999

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 Accessibility to reports
 Officers often violate state open records laws
 Officer says adherence to law improving

By Jessica Rinck
Staff Writer

OK, here are the rules -- but be warned, they're sketchy.

``All public records, with certain exceptions, shall be open for personal inspection by any Georgia citizen at a reasonable time and place; and those in charge of the records can't refuse this privilege to any citizen,'' according to Georgia law.

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Do you know your rights in regard to open records? Some Georgia law enforcement agencies are a bit confused.

Public agencies throughout Georgia were surveyed to discover exactly how open their public records are. Local law enforcement agencies were targeted in the investigation.

All police departments are required to disclose initial incident and arrest reports to anyone who asks, regardless of the status of an investigation. This includes crimes involving rape and juveniles, although police can withhold the identity of the victim or the perpetrator. When a criminal case is closed, even when there is no resolution or arrest, the entire file becomes public record, including supplemental reports by investigators.

The reports must be released within three days. Residents are allowed to copy the reports. The police department can charge up to 25 cents per page, in addition to reasonable search and retrieval fees, but the first 15 minutes are free.

During the survey, agencies such as sheriff's departments in Richmond and McDuffie counties and city police in Louisville and Thomson immediately handed over their incident reports. Surveyors in other counties didn't fare as well.

``Our incident reports are public information,'' said Lt. Judy McMinn, who oversees the records department for the Richmond County Sheriff's Department. ``We average about 150 to 200 customers a day, and we never close. Our office is open 24 hours a day. We try our best to help everybody.''

Do you think public records -- including arrest records -- should be readily available to any citizen that asks for them? Yes. (64%) = 70 No. (35%) = 38 I don't know. (2%) = 2 TOTAL 110

Go back and vote!

Previous polls

But smaller county police departments say they rarely receive requests for incident reports and, because of fewer personnel, it's sometimes impossible to make the reports available right away.

``We have one dispatcher who's answering six different phones and everything else,'' said Waynesboro police Chief Karl Allen. ``We don't have to (give the report) right then.''

His department charges $1 for incident reports and $2 for accident reports and encourages the public to submit written requests.

Louisville police Chief Jimmy Miller said: ``If someone wants a copy of a report, we'll ask why and make a decision in three days. We're liable to wait until the city attorney approves it.''

Grovetown Public Safety Director John Tomberlin said: ``We have the basic policy everybody else does. Rarely do we have anybody looking just to be looking.''

He said if someone is asking for several reports, his employees will verify the person's identity.

``We'll let them look, but in the process, we'll question their motivation,'' he said. ``We don't want to release reports to potential criminals. We'd want to know if they have a good legitimate reason, to protect the citizens of the city.''

When Jason Smith, a surveyor and a reporter for The Augusta Chronicle, ventured into the Jefferson County Sheriff's Department and asked to see and copy the previous day's incident reports, he found himself detained and interrogated for nearly an hour. Officers refused to allow him to copy the documents.

``Where do you work? Where do you live now?'' sheriff's Maj. Charles Gibbons asked Mr. Smith. Eventually, the officer contacted Mr. Smith's supervisor to vouch for him.

``We had a new jailer who didn't know what to do and didn't want to give out the records to just anybody,'' Jefferson County Sheriff Gary Hutchins said. Under the advice of the county attorney, he requires people who want incident reports to ``put it in writing.''

``They need to write out a statement and sign it, so we know who we're giving the information to,'' Sheriff Hutchins said.

``We don't open our records to anyone who comes in the front door. We don't give out information over the counter unless it's legally asked for.''

The Georgia Attorney General's Office is making residents aware of their rights by issuing printed brochures called Georgia's Sunshine Laws -- A citizen's guide to open government.

Daryl Robinson, deputy counsel to the attorney general, said it's ``inappropriate'' and ``not a good practice'' for agencies to withhold open records to wait for a written request. ``It violates the spirit of the open records laws,'' he said.

``They must give information to anyone who asks,'' Mr. Robinson said. ``But nothing's stopping them from maintaining a log of people who request records. Some jurisdictions need to be educated on what the law is. There's a lack of awareness, but it's not necessarily malicious.''

Accessibility to reports

Accessible police

Adel city police were ``completely cooperative and asked no questions at all,'' the surveyor said.

Lavonia's police chief came out and greeted the surveyor and quickly provided the records she had requested.

Thomson's police receptionist didn't ask the surveyor's name -- Georgia law doesn't require it -- and promptly handed over the requested reports.

Winder city police treated the surveyor ``with great courtesy and respect.''

Dougherty County ``was very obliging'' and permitted a surveyor to read the previous day's reports.

Inaccessible police

Atlanta said it used to let the public see reports but not anymore.

Bainbridge said it can't just print them all out on its computer.

Clarkesville police said reports are available only during certain times of the day.

Cleveland said the reports for the month had not yet been signed.

Columbus said, ``Not even our news media looks at those.''

Moultrie doesn't give them out to ``just anybody who comes in.''

Sandersville said only lawyers can see felony incident reports.

Bibb County said it doesn't keep copies for the public to inspect.

Clayton County said, ``You're not getting that!''

Cook County said most cases are still open.

Dawson County said it would need three to five days.

Franklin County's employee said, ``They put that in the computer, and I don't know how to do that.''

Habersham County said the clerk was out. Reports cost $3 a page. The county would be glad to read them to the surveyor.

Houston County ``can't just let anyone'' look at the records.

Jones County said it could give out records that are not embarrassing to those involved, if approved by the captain of records. It said the most recent such record was a week old.

Laurens County handed the surveyor a napkin with an apparent three-digit phone extension and said to call that person.

Lumpkin County said incident reports aren't public records.

Telfair County said next time, send a female. The officer then ran license and tag checks on the male surveyor.

White County said, ``That's not public record for someone off the street.''

Worth County said, ``To come in off the street and ask for records is very kind of funny.''

Reach Jessica Rinck at (706) 823-3225.