|
|||||||||||||||||
|
|
|
|||||||||||||||
|
|
||||||||||||||||
|
Applicable
To: All employees |
|||||||||||||||||
|
Approval
Authority: Chief Richard J.
Pennington |
|||||||||||||||||
|
Signature: Signed by RJP |
Date Signed: 10/26/09 |
||||||||||||||||
| Table of Content | |||
|
4.5 There are limitations for Open Record Requests
|
|||
|
To establish procedures for employees to follow when receiving an Open Records request in accordance with the Georgia Open Records Act or a subpoena for documentation.
2.1 The Atlanta Police Department will handle Open Records Act requests in full compliance with the Georgia Open Records Act. The Georgia Open Records Act encourages public access to information in order to foster confidence in government through openness to the public. The Act also permits withholding of limited categories of information where nondisclosure is in the public interest.
2.2 The Atlanta Police Department will handle subpoenas for documentation in full compliance with Georgia Law by verifying the authenticity of official court orders, ensuring the information requested is released consistent with due process (discovery), and by receiving counsel from the Law Department as necessary and appropriate.
3.1 The Public Affairs manager is responsible for compliance with the Georgia Open Records Act and will ensure that command staff is appropriately informed regarding requests that may reflect unfavorably on the Department. The manager will notify the Chief of Police or his or her designee upon receipt of an open record request from the media. The manager will designate Open Records Officers whose duty is the preparation and coordination of the Departmental response to each Open Records Request not managed by the Communications Section, Central Records Unit, the Photo Lab, or the Identification Unit.
3.2 The Open Records Officer (ORO) is responsible for maintaining the Record Production Log, coordinating the retrieval of documents, establishing the estimated retrieval cost, documenting communication with the requestor, meeting the response time outlined in the Georgia Open Records Act, redacting information before releasing records, keeping the Public Affairs manager apprised of potential issues, and notifying the manager upon receipt of an open record request from the media.
3.3 The Central Records Unit commander is responsible for compliance with the Georgia Open Records Act and for processing Open Records requests and subpoenas for documentation in accordance with the Central Records Unit policy and procedure. The Central Records Unit is responsible for handling queries involving incident reports that result from an Open Records request. The Central Records Unit commander will coordinate any special or unique request, particularly those dealing with ongoing or sensitive investigations and requests from the media, with the Public Affairs Manager.
3.4 The Communications Section commander is responsible for handling subpoenas for records and requests from outside law enforcement agencies and prosecutors in accordance with the Communications Section policy and procedure. Upon receipt of a request from the private sector regarding 911 tapes and/or communications records, the requestor will be directed to submit an Open Records Request through the Open Records Office in Public Affairs.
3.5 The Photo Lab is responsible for handling subpoenas for photographs or records and requests from outside law enforcement agencies and prosecutors in accordance with the Photo Lab policy and procedure. Upon receipt of a request from the private sector regarding photographs or records, the requestor will be directed to submit an Open Records Request through the Open Records Office in Public Affairs.
3.6 The Identification Unit is responsible for the handling of subpoenas for release of criminal history records from outside law enforcement agencies and prosecutors in accordance with the Identification Unit policy and procedure and the GCIC Rules and Regulations. Upon receipt of a request from the private sector regarding criminal history records, the requestor will be directed to submit an Open Records Request through the Open Records Officer in Public Affairs.
3.7 Bureau, division and section commanders are responsible for ensuring that open records requests and subpoenas for documentation are handled responsibly and expeditiously. Upon receipt of an Open Record request or subpoena for documentation, the commander will immediately contact the Open Records Office in Public Affairs. Commanders will identify employees under their command who will be designated as Open Records Liaison (ORL) Officers.
3.8 All employees not assigned to Central Records, Communications, the Photo Lab, or the Identification Unit will immediately forward all Open Records Requests to the Open Records Officer assigned to the Office of Public Affairs or will direct individuals or agencies who wish to submit an Open Records Request to the Open Records Officer assigned to the Office of Public Affairs.
3.9 All employees assigned to Central Records, Communications, the Photo Lab, or the Identification Unit will forward Open Records Requests as directed by their respective unit policy and procedure.
3.10 All employees who receive an Open Records Request or subpoena for documents must comply with this directive as it pertains to the “Three-Day Rule” as outlined in Georgia Code 50-18-70. If the request is verbal in nature and received by any employee other than the Open Records Officer the receiving officer is directed to comply with section 4.1.3 subsection 2 of this directive.
3.11 Open Records Liaison Officers designated by bureau, division and section commanders will promptly assist the Open Records Officer in responding to Open Records requests. The Open Records Liaison Officer (ORL) is responsible for retrieving and delivering records promptly to the Office of Public Affairs, Open Records Officer upon request in compliance with the “Three-Day Rule”. An employee identified as an Open Records Liaison Officer must receive training prepared by the Law Department or POST within 30-days of appointment.
4.1 Receiving Request for Information
4.1.1 In many cases, information maintained by the Atlanta Police Department and available under the Georgia Open Records Act can be made available without the requestor having to resort to filing an Open Records Request. On a daily basis, information is routinely requested and made available to the public without reference to the Georgia Open Records Act. Incident reports, accident reports, and crime statistics are made available upon request without filing an “Open Records Request.”
4.1.2 In order for the Atlanta Police Department to differentiate between an information request and an Open Records Request, the requestor must indicate either verbally or in writing that the request for information is an “Open Records Request.” This notification will allow the Department to manage the request as mandated by the Georgia Open Records Act.
4.1.3 Individuals or agencies may submit an Open Records Request regarding any person, incident or issue connected with the Atlanta Police Department verbally or in writing.
1. A written request must be addressed or faxed to:
Chief of Police Atlanta Police Department Office of Public Affairs (Attn: Open Records Officer) Atlanta Public Safety Headquarters 226 Peachtree St. S.W. 5TH floor Atlanta, GA 30303
Requests may be faxed to (404) 546-7156.
2. A verbal request must be documented by the receiving employee and faxed to Public Affairs immediately.
4.1.4 Send requests titled as “Third Party Requests” in litigation to the Law Department as soon as possible. They can only be handled by the Law Department. Send the requested records to the Law Department as soon as possible.
4.2 Handling Open Records Act Requests and Subpoenas for Documentation
4.2.1 All Open Records Act requests and subpoenas for documentation (i.e., verbal requests by phone or in person and written request by mail, fax, or hand delivered), that are not received by the Central Records Unit, Communications, the Photo Lab, or the Identification Unit will be immediately forwarded (before attempting to fill the request) to the Open Records Officer assigned to the Office of Public Affairs.
4.2.2 The Open Records officer is responsible for handling all Open Records Act requests and subpoenas for documentation forwarded to the Office of Public Affairs. The Open Records Officer will make every effort to comply with the “Three-Day Rule” as outlined in Georgia Code 50-18-70 and meet deadlines on the subpoenas.
4.2.3 Upon receiving an Open Records Act request or subpoena for documentation, the Open Records officer will:
1. Place a copy of the request in the Record Production Binder in chronological order by date of the request.
2. Review the request to determine whether the requested records are lawfully available in accordance with the Georgia Open Records Act.
3. Notify any departmental employee(s) that may be the scope or focus of an Open Records Request and forward a copy of the request to the effected employee(s).
4. Determine whether the records exist and are still maintained by the Atlanta Police Department, and determine the organizational component that has custody of the records.
5. Inform the requestor of the status in writing if the request pertains to records that are no longer on file or cannot be located.
6. Notify the requestor in writing of the records that cannot be made available and the justification for the exemption citing the appropriate Georgia Code Section if the request pertains to records that are exempt.
7. If records are available and not exempt, contact the custodian unit and forward a written notification along with a copy of the Open Record Request or subpoena to determine:
a. Accessibility;
b. Volume or quantity of records; and
c. Estimated time of retrieval and the projected cost to collect, copy, and deliver the requested documents to the Office of Public Affairs.
8. NOTE: If the total projected estimated cost of retrieval time, administrative processing and copying exceeds $500.00, notify the requestor that they will be required to submit payment for half the projected cost to the Open Records Officer who will forward the payment to the Central Records Special Request Clerk before the Department will honor the request.
9. Notify the requestor of the estimated cost and time when the records will be available for review or pickup in accordance with the Georgia Open Records Act. If the records are not available within three days, provide a written notification of which records will be delayed, the reason for the delay, and the projected timetable for release.
a. The Open Records officer will obtain a cost estimate from the custodial unit for the requested records. If the cost is over $10, an invoice with the estimated cost will be forwarded to the requester for approval before the Department incurs any costs.
10. Receive the records from the APD organizational component(s) having custody of the requested records.
11. Copy and redact where applicable. The Open Records Officer will handle all redactions.
12. Complete the itemized cost sheet indicating the total cost of retrieval, processing and copying the records requested.
13. Arrange the time and location for the requestor to view or receive documents. When the requestor reviews documents to determine which records he or she will retain, payment will be made to Central Records after the viewing. Otherwise, the records will be forwarded to the Central Records Special Request Clerk, along with the itemized cost sheet for collection of payment prior to release of the records. Payment will be made to the Atlanta Police Department at the Central Records customer service window. In the case of a Subpoena for Documentation, the court may make arrangements for payment through the Open Records Officer.
NOTE: In the case of a request that requires mailing, the requestor will coordinate the shipment with the Open Records Officer. If the requestor has a Federal Express Account, the Open Records Officer can forward the records using the requestor’s account.
4.2.4 Open Records Act Exemptions
1. Some information may be withheld from public disclosure by removal from the record (redaction). The rest of the record must be made available. Exemptions for law enforcement agencies include:
a. Records pertaining to open investigations or prosecutions.
b. Records that would reveal the identity of a confidential source, the existence of confidential surveillance or investigation, or material that would endanger the life or physical safety of someone.
c. Records identifying certain categories of victims.
d. Criminal history information on individuals; refer requester to Identification Unit (ID).
e. If in doubt, contact the City Attorney through the Open Records Officer immediately.
f. Selected Personal Data
(1.) Can redact for any person in the records: financial information, insurance/medical information.
(2.) Can redact for law enforcement officers, law enforcement civilians, judges, crime lab scientists, corrections employees, prosecutors: Social Security Number, day and month of birth, home address, home telephone number, and identification of family members or dependents.
4.3 Actions by the Open Records Liaison (ORL) of the Organizational Component with Custody of the Requested Records:
1. Upon notification by the Office of Public Affairs, Open Records Officer of an official Open Records request, the ORL of the unit with custody of the requested records will immediately determine the location, accessibility, and volume of records associated with the request. The Open Records Officer will handle all redactions.
2. Within 24 hours of notification, the ORL will provide a written itemized cost sheet indicating the estimated cost of retrieval to the Office of Public Affairs, Open Records Officer. The estimated cost will be determined by the amount of time required to gather and copy the records, and the total number of pages.
3. If the estimated cost is under $500, the ORL will forward copies of the requested records as soon as possible to the Office of Public Affairs. If the records cannot be delivered to the Office of Public Affairs within 48 hours or two business days, the ORL will provide a memorandum signed by a supervisor indicating the reason for the delay and the projected time when the records will be delivered. If the estimated cost is over $500, do not make copies until notified by Public Affairs.
4. Upon final delivery of the requested records to the Office of Public Affairs, the ORL will submit a final written itemized cost sheet indicating the total time spent compiling the records, the total number of pages in the documents provided and the rate charged per hour.
The Atlanta Police Department will charge a fee for providing records associated with an Official Open Records Request and Subpoenas for Documentation. Determination of the fee will be made in accordance with the guidelines established in Georgia Code 50-18-71. The Open Records Officer will prepare the final invoice.
1. The invoice will not charge for the first 15 minutes to prepare the records. The hourly rate charged for administrative/clerical tasks may not exceed the salary of the lowest paid, full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request. Up to $.25 per page may be charged for copying and an additional cost may apply for audiotapes, videotapes, photographs, computer diskettes, CD’s or DVD’s.
2. The requestor will pay the fee determined on the final written itemized cost sheet prior to taking custody of any records.
3. All payments will be made to the Atlanta Police Department through the Central Records Unit.
4.5 There are limitations for Open Record Requests
1. If the requested document does not exist, the employee does not have to create it.
2. The Department does not have to review and summarize records to create a document responsive to a request.
3. The Act only requires that the records be made available for inspection and copying.
5.1 Open Record Request – A request for information where the requestor indicates verbally by phone, in person or in writing by mail, fax, or hand delivered that their request is an “Open Records Request.” Notification allows the Department to manage the request as mandated by the Georgia Open Records Act.
5.2 Public Record - All documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. A 'Public Record' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure.
5.3 Three-Day Rule – In accordance with Georgia Code 50-18-70, records must be made available for inspection and copying within three business days. If unable to comply, give estimated time of availability and the reason for the delay, still within the three-day period.
APD.SOP.1061 “Open Records Act Requests and Subpoenas for Documentation”, signed June 15, 2004, and issued July 1, 2004.
Georgia Code Section 50-18-70 through 50-18-77.
Commission on Accreditation for Law Enforcement Agencies, Inc. 5th Ed., Standard 82.1.1(d) |
|