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2015-05-05 Office Attorney General - PoliceDOUGLAS J. PETERSON ATTORNEY GENERAL STATE OF NEBRASKA ffite of the 0[ttortmp (bultrat 2115 STATE CAPITOL BUILDING LINCOLN, NE 68509-8920 (402) 471-2682 TDD (402) 471-2682 FAX (402) 471-3297 or (402) 471-4725 May 5, 2015 Adam Tripp Tripp Law Office 635 North Broad St PO Box 375 Fremont, NE 68026-0375 VIA EMAIL ONLY NATALEE J. HART ASSISTANT ATTORNEY GENERAL Re: File No. 15-R-119; City of Blair Police Department; Blair Enterprise, Petitioner Dear Mr. Tripp: This office has enforcement authority under the Nebraska Public Records Statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09 (Reissue 2014). We recently received a complaint under those statutes regarding the City of Blair Police Department from the Blair Enterprise, through attorney Shawn Renner. We have enclosed a copy of that complaint for your information. We understand you are the City attorney for the City of Blair; if our inquiry should be directed directly to the City of Blair Police Chief, please advise. Our normal practice in these situations is to allow the public body complained against to respond to the allegations before we make any decision as to whether further action by this office is appropriate. Our office has fifteen days to respond to this complaint. Accordingly, if you wish to provide us with any information, we would request a response from you by May 12, 2015. Your response may be provided via fax to (402) 471-4725 or e-mail to natalee.hart@nebraska.gov. Enclosures 02-493-29 Sincerely, DOUG PETERSON 4ttorney Ge al Natalee J. Hart Assistant Attorney General Printed wth soy ink on recycled paper Leslie S. Donley Assistant Attorney General Nebraska Attorney General's Office 2115 State Capitol PO Box 98920 Lincoln, Nebraska 68509-8920 Dear Ms. Donley: I represent the Nebraska Press Association, and through the Association, its constituent members. One of those members is the Blair Enterprise newspaper, a weekly newspaper published in Blair, Nebraska. Please consider this letter to be a petition on behalf of the Blair Enterprise made pursuant to NRS § 84-712.03(1)(a), asking you to determine whether the records described herein may be withheld from public inspection or whether the City of Blair has otherwise failed to comply with the Nebraska Public Records Act. BACKGROUND Blair has adopted a formal policy, contained in its Police Policies and Procedures Manual, which purports to prohibit the Police Department from releasing information about juveniles who have contact with members of the Police Department. Specifically, item seven in the policy says: The following information WILL NOT be released: iii. Law enforcement officers may not disclose the identity of any juvenile in releasing information to the general public as to the arrest, investigation or disposition of any case involving a juvenile. A copy of Blair's policy is attached hereto as Exhibit "A." CLINE WILLIAMS ONE PACIFIC PLACE 1207 M STREET NORTHERN HEIGHTS PROFESSIONAL PLAZA L. BRUCE WRIGHT BAUSCH ROBERT. BAUSCH WRIGHT JOHNSON @ OLDFATHER L. L. P. DAVID J. ROUTH HT MEGAN S. WRIGRT THERESA 5, KO GXRR ROBERT J. ROUH DAVID R. BUNTAIN FORT COLLINS, CO 80524-7162 STANTON N. BEEDF•R STEPHEN H. NELSEN ATTORNEYS AT LAW AUSTIN L. MCKILLIP MICHAEL. C. MUELLER MARY ANN NOVAK DANIEL it. STOGSDILL ESTABLISHED 1857 KEITH T. PETERS SCOTT D. KELLY ANDREW R. WILLIS TERRY R. WITTLLR 233 SOUTH 13TH STREET TARA A. STINGLEY SEAN D. WHITE MARK A, CHRISTENSEN MICHELLE L. SITORIUS RICHARD P. GARDEN. JR. 1900 U.S. BANK BUILDING JONATHAN J, PAPIK SHAWN D. RENNER ADAM W. BARNEY JOHN C. MILES THOMAS C, HUSTON LINCOLN, NEBRASKA 68508-2095 GREGORY S. FRAYSLR DON R. JANSSEN TT COADY R,PRUEEN SUSAN K. SAPP (402) 474-6900 - FAX (402) 474-5393 CRISTIN MCCARRY BERKHAUSRD CIIANTT, MAYNARD KEVIN J. SCHNEIDER KA ANDREW D. STKOTMAN www.clinewilllams.com TET TLN ORN W. TET TRAVIS NR GARY R. BATENHORST HEATHER CARVER JILT. GOSSIN JENSEN E FALLEN SHANNON E. JOHN C. HEWITT ROBERT KINNF.Y-WALKER ROCHELLE A. MULLEN KATHERINE M. KELLEY TRE TENP. BAUSCH MICHAEL C. PALLESEN April 30, 2015 FREDRIC 1-1, KAUFFMAN RICHARD P. J8 FFRIF.S TRACY A. OLDLMEYERE. DONALD F. DUltl', RF.TIREU PAMELA EPP OISN STEPHEN E. GEHRING TRENT R. SIDDERS ANDRE R. BARRY Leslie S. Donley Assistant Attorney General Nebraska Attorney General's Office 2115 State Capitol PO Box 98920 Lincoln, Nebraska 68509-8920 Dear Ms. Donley: I represent the Nebraska Press Association, and through the Association, its constituent members. One of those members is the Blair Enterprise newspaper, a weekly newspaper published in Blair, Nebraska. Please consider this letter to be a petition on behalf of the Blair Enterprise made pursuant to NRS § 84-712.03(1)(a), asking you to determine whether the records described herein may be withheld from public inspection or whether the City of Blair has otherwise failed to comply with the Nebraska Public Records Act. BACKGROUND Blair has adopted a formal policy, contained in its Police Policies and Procedures Manual, which purports to prohibit the Police Department from releasing information about juveniles who have contact with members of the Police Department. Specifically, item seven in the policy says: The following information WILL NOT be released: iii. Law enforcement officers may not disclose the identity of any juvenile in releasing information to the general public as to the arrest, investigation or disposition of any case involving a juvenile. A copy of Blair's policy is attached hereto as Exhibit "A." ONE PACIFIC PLACE 1207 M STREET NORTHERN HEIGHTS PROFESSIONAL PLAZA 330 SOUTH COLLEGE AVENUE 1125 SOUTH 103^0, SUITE GOO P.O. BOX 510 416 VALLEY VIEW DRIVE, SUITE 304 SUITE 300 OMAHA, NE 68124-6019 AURORA, NE 68818 SCOTTSBLUFF. NE G9361 FORT COLLINS, CO 80524-7162 (402)397 - 1 700 (402) 694-6314 (308) 635-1020 (070) 221-2637 Leslie S. Donley April 30, 2015 Page 2 During fall, 2014, the Publisher and Editor of the Enterprise met with the Blair Police Chief, Joe Lager, and Blair City Attorney, Adam Tripp, to discuss the City's policy. The Enterprise pointed out that NRS § 29-3521 specifies that certain documents "shall be considered public record for purposes of dissemination...." Specifically, section 29-3521 provides: In addition to public records under section 29-3520, information consisting of the following classifications shall be considered public record for purposes of dissemination: (1) Posters, announcements, lists for identifying or apprehending fugitives or wanted persons, or photographs taken in conjunction with an arrest for purposes of identification of the arrested person; (2) original records of entry such as police blotters, offense reports, or incident reports maintained by criminal justice agencies; (3) court records of any judicial proceeding; and (4) records of traffic offenses maintained by the Department of Motor Vehicles for the purpose of regulating the issuance, suspension, revocation, or renewal of driver's or other operator's licenses. (emphasis added). The Enterprise representatives argued that § 29-3521(2) does not distinguish between original records of entry describing contacts with juveniles, as opposed to adults, and that the City's policy therefore violates Nebraska law. After several months of discussion without material change in the position of either party, the Enterprise made a formal, written request for access to all original record of entry information compiled over a two week period. A copy of the Enterprise's February 27, 2015 public record request letter is attached hereto as Exhibit "B." On March 4, 2015, Blair City Attorney Adam Tripp replied to the Enterprise's record request stating that the City needed 10 additional days to respond under the public records law because he needed to provide legal advice to the City. On March 13, 2015, Chief Lager sent an email to the Enterprise's Editor which said: This is in response to your recent request for records letter dated March 4, 2015. All requested information that fall within the guidelines of public records, have been posted on our website. You have access to this information 24/7 at blairpolice.org. Joseph Lager Leslie S. Donley April 30, 2015 Page 3 On March 17, 2015, the Enterprise's Publisher replied in a letter to Chief Lager. A copy of the reply is attached hereto as Exhibit "C." The reply noted that the Chief's email did not comply with NRS § 84-712.04, which specifies information a records custodian must give when he denies a public record request, and asked that such non-compliance be corrected. On March 19, 2015, City Attorney Tripp replied on behalf of Blair. A copy of Mr. Tripp's March 19, 2015 letter is attached hereto as Exhibit "D." Since Blair has not actually provided copies of any documents, attached to this petition as Exhibit "E" are copies of printouts obtained from the website cited in Chief Lager's email. Under the "press release" tab on the City's website, the City makes available for public inspection a running table which it calls "Blair Police Activity Summary." The Summary shows the sort of information one would expect to see on a "police blotter" or similar summary of original record of entry information described in § 29-3521(2): it lists date/time, name of person contacted, location of incident, the "offense," whether a citation was issued or an arrest made, and whether a "report" was made, presumably noting the existence of a police investigatory report. The Summary appears to provide appropriate "blotter" information with one exception: it redacts the names of any juveniles contacted by the police, identifying them instead as, for example, "Juvenile Male (17, Waterloo, NE)." Mr. Tripp's March 19, 2015, letter offers two legal arguments supporting the City's policy of refusing to release incident report or blotter information regarding juveniles: 1) such information constitutes records of examination or investigation and thus may be withheld pursuant to NRS § 84-712.05(5); and 2) juvenile "proceedings" are considered civil in Nebraska, not criminal, and hence NRS § 29-3521 simply does not apply to incident reports or blotters which contain information about persons under 19 years of age contacted by the police. According to Mr. Tripp, "the statutes clearly intend for the record to be sealed, identification of juveniles protected and the proceedings to be closed." The Enterprise disagrees with Mr. Tripp's analysis. The Enterprise asks the Attorney General to rule that Blair's policy declining to release blotter or incident report information regarding juveniles violates Nebraska law, and requests that the Attorney General order Blair to disclose the requested records. Leslie S. Donley April 30, 2015 Page 4 LEGAL ANALYSIS 1. Blair does not treat any blotter or other original record of entity information as"investigative." As Exhibit "D" shows, Blair does not treat the information it places on its publicly -accessible website under the "Blair Police Activity Summary" as confidential, investigatory information under the investigative records exception to the Public Records Act, § 84-712.05(5). In fact, it intentionally makes that information public by such posting. The only information it withholds are the identities of juveniles contacted by police. As Mr. Tripp's letter makes clear, the Police Department does so because of the City's policy regarding juveniles, not because the City believes that this "blotter" or "incident report" information is investigative, and hence secret information. Thus, Mr. Tripp's reliance on Fourcloud v. City of Fremont, 1993 WL 259351 (Neb. Ct. App. 1993) is misplaced. As the court there recognized: In the present case, we do not know the City's reasons for refusing to release the information. It is the City's burden to sustain its action. The City did not prove that the reports were a part of an investigation or intelligence information or claim that Fourcloud was the subject of an ongoing criminal investigation. The City did not claim or attempt to prove that the disclosure of the information would uncover the identity of any confidential informant, involve disclosure of law enforcement training methods, or reveal internal police operating procedures or investigative techniques as described in § 84-712.05(5). The mere labeling of offense and incident reports as "intelligence" or "investigative information" does not permit the City to withhold such information. The Legislature did not consider that incident and offense reports were synonymous with intelligence or investigative information because it described offense and incident reports in § 29-3521 as public records for purposes of dissemination. Thus, whether the incident and offense reports may be withheld depends upon whether they fit into one of the categories described in § 84-712.05(5). Id. at *4. Nothing in § 84-712.05(5) suggests that information related to juveniles deserves different public record treatment than information about Leslie S. Donley April 30, 2015 Page 5 adults. And nothing in Mr. Tripp's letter denying the Enterprise's public record request provides the sort of justification required by Fourcloud. 2. Juvenile justice records are not inherently secret in Nebraska; some such records are deemed confidential by statute but many others are not, and no law makes original record of entry information secret. The City is also wrong in its assessment that Nebraska law supports its policy because "[t]he statutes clearly intend for the record to be sealed, identification of juveniles protected and the proceedings to be closed." Tripp letter. It is simply not true that all juvenile court records are sealed from public view by statute. It has been the case for many years that "medical, psychological, psychiatric and social welfare reports and the records of juvenile probation officers as they relate to individual proceedings in the juvenile court shall not be open to public inspection." NRS § 43-2,108(2). None of that information would show up in an incident report. In cases brought pursuant to § 43-247(3)(a)(i.e., cases of homeless or destitute juveniles, or juveniles lacking parental support), § 43-2,108(3) makes most court records confidential, but even in those cases, the "pleadings, orders, decrees and judgment" are public records. Those public record court documents obviously include the name of the juvenile who is a party to the case. Any records "concerning a juvenile court petition [alleging a juvenile is mentally ill and dangerous] shall remain confidential...." NRS § 43-2,108(6)(a). Despite the City Attorney's claim, there does not appear to be any statutory authority for closing hearings in juvenile proceedings to the public. Indeed, juvenile court hearings in Nebraska are generally not closed to the public. NRS §§ 43-2,108.1 through 2,108.05 deal with sealing juvenile court records. Section 2,108.01 describes the sorts of cases which may be subject to record sealing: Sections 43-2,108.01 to 43-2,108.05 apply only to persons who were under the age of eighteen years when the offense took place and, after being taken into custody, arrested, cited in lieu of arrest, or referred for prosecution without citation, the county attorney or city attorney (1) released the juvenile without filing a juvenile petition or criminal complaint, (2) offered juvenile pretrial diversion or mediation to the juvenile under the Nebraska Juvenile Code, (3) Leslie S. Donley April 30, 2015 Page 6 filed a juvenile court petition describing the juvenile as a juvenile described in subdivision (1), (2), (3) (b), or (4) of section 43-247, (4) filed a criminal complaint in county court against the juvenile under state statute or city or village ordinance for misdemeanor or infraction possession of marijuana or misdemeanor or infraction possession of drug paraphernalia, or (5) filed a criminal complaint in county court against the juvenile for any other misdemeanor or infraction under state statute or city or village ordinance, other than for a traffic offense that may be waived. The various categories described in § 43-2,108.01 include many cases, regardless of their nature, processed by the juvenile court. However, none of those categories describe criminal cases prosecuted against a juvenile in district court. See, e.g_, State v. Stevens, 290 Neb. 460, _ N.W.2d _. (3-27-15) (addressing factors which warrant district court jurisdiction over a 15 year old charged and convicted of robbery). Where a juvenile is arrested but no juvenile petition or criminal complaint is ever filed, or if a juvenile is admitted to pretrial diversion, or if charges are filed but later voluntarily dismissed by the government, juvenile court records are automatically sealed. NRS § 43-2,108.03(4). In cases where a juvenile has successfully completed probation, or satisfied a rehabilitation program, or served a sentence ordered by a county court, juvenile court records are not automatically sealed, but rather may be sealed at the request of the juvenile or his/her parents, after a hearing before the judge. If the judge finds that the juvenile "has been rehabilitated to a satisfactory degree," the judge may (but is not required to) seal the court records. NRS § 43-2,108.04(5). NRS § 43-2,108(5)(2) describes the effect of sealing juvenile court records; The effect of having a record sealed under section 43-2,108.04 is that thereafter no person is allowed to release any information concerning such record, except as provided by this section. After a record is sealed, the person whose record was sealed can respond to any public inquiry as if the offense resulting in such record never occurred. A government agency and any other public office or agency shall reply to any public inquiry that no information exists regarding a sealed record. Except as provided in subsection (3) of this section, an order to seal the record applies to every government agency and any other public office or agency that has Leslie S. Donley April 30, 2015 Page 7 a record relating to the offense, regardless of whether it receives notice of the hearing on the sealing of the record or a copy of the order. Upon the written request of a person whose record has been sealed and the presentation of a copy of such order, a government agency or any other public office or agency shall seal all records pertaining to the offense (emphasis added). The City's argument based on the Juvenile Code has two parts, as I understand it. First, the claim is that juvenile court records and proceedings are closed to the public, so the same must (should?) be true of incident reports. That is pretty clearly not true. Some records in all cases are sealed, all records in some cases are sealed, and whether or not sealing occurs in other cases is up to the judge. If the juvenile is charged and tried in district court, no records get sealed. The only two statutes Blair cites for its claim that all juvenile records and proceedings are secret (sections 43-2,108(3) and 43-248.02) do not support its position. Section 43-2,108(3) is discussed earlier in this petition. Section 43-248.02 does not appear to address these issues at all, and in any event, it only applies to pilot programs in counties containing a city of the metropolitan class, and the only such county is Douglas, not Washington. Second, Blair contends that juvenile proceedings are civil rather than criminal in nature, and, therefore, the Criminal History Act simply does not apply. This is an overstatement as well. Juvenile court proceedings may well be deemed civil in nature. Criminal cases against juveniles in district court, however, are obviously not civil in nature. And, in any event, merely labeling juvenile court proceedings as civil does not answer the question we are dealing with here. NRS § 29-3520 says that "complete criminal history record information maintained by a criminal justice agency shall be a public record...." Section 29-3521 says, "in addition to public records under section 29-3520 information consisting of the following classifications shall be considered public record for purposes of dissemination: ... (2) original records of entry such as police blotters, offense reports or incident reports maintained by a criminal justice agency...." Section 29-3522 describes how to request information subject to the Criminal History Act; it says "If the requested criminal justice history record or other public record, as defined in section 29-3521" is in another agency's hands, the agency receiving a request has to forward it to the agency with the records. This language shows that section 29-3521 describes both "criminal justice history record" and "other public record." Nothing in either the Criminal History Information Act or the public records law distinguishes Leslie S. Donley April 30, 2015 Page 8 between adults and juveniles so far as the public record status police blotters or incident reports go. CONCLUSION The reasons offered by Blair in support of its denial of the Enterprise's public record request are not valid. The Attorney General should rule that the names of juveniles contained in police incident reports or blotters "shall be considered public record for purposes of dissemination." NRS § 29-3521(2), require Blair to provide that public record information, and advise Blair that its policy violates state law. If you have any questions or require additional information, please let me know. Encl. cc: Adam Tripp Mark Rhoades 4835-6829-2643, v. I Shawn D. Renner For the Firm Nov 14 2014 9:49AM HP Fax 4027217791 page 1 EXHIBIT, x °1ti 4) F. 4.sxNumber: • . Issued By: EffectiveDate: Revised Date: LICE DEPA# TMENT AND PROC DURES 603 Med a Relations & Public Jose h Lager, Chief of Pc JunE 1, 2007 Mar 1, 2010 Policy: The Blair Police Department actively se ks to establish a cooperative climate in which the news media may obtain infor ation on matter, of public interest in a manner that does not hamper police operations. The dep rtment is comm tted to informing the community and the news media of events Within the public domain; However, certain Information must be withheld f om the media t protect the constitutional rights of an accused, to avoid ir terfering with a department Investigation, or because its legally privileged, Procedure: 1, The Lieutenant is designated as the6!iblic Informatio Officer (PI0) a d is responsible for the public informatio II function of the cepartment, This function will Include, but is not limited to; a Assisting news personnel in coves ing routine news 3tories, and at t e scene of incidents when so required; b Being available for on-call respon 3es to the news rr edia; c Preparing and distributing formal news releases; d Arranging for, and assisting at ne Ns conferences; e Coordinating and authorizing the felease of information about victirT s, witnesses, and suspects; IF Assisting in crisis situations within the dep artmentand, g Coordinating and authorizing the -elease of information concerning confidential department investiga ions and operatio is. 2. The PIO should attend regular depa mentally approve in-service and outside agency training in media relations. Media Relations & Public Information I I 1 11 603 Nov 14 2014 9:49AM HP Fax 4027217791 Daae 2 3. The sergeant or senior officer on du shall be responsible for ei the PIO is Informed of major inciden s that may gene ,ate media that g. When the Lieutenant is unavailable, the Chief of Police shall designate sworn supervisor to provide any bas c information for 3n initial press r( le that is appropriate and falls within t e scope of their assignment. S. Police officers who are approached 'y members of the news media for Information concerning official activi ies of the department are to refer all such inquiries to either their supervl or or the Lieuten nt. 6, Department personnel authorized to release informati( n to the news ed under the following categories are: I a At the scene of an incident: i) Chief of Police; ii) Lieutenant; or, iii) Sergeant. b From agency files: i) Chief of Police or his design c Concerning an ongoing investic i) Chief of Police; or, ii) Lieutenant. d In the absence of the Lieutenant: i) Chief of Police or his or her e Formal news release: I) Chief of Police; or, ii) Lieutenant, f Emergency news release: i) Chief of Police; li) Lieutenant; or, iii) Sergeant. on: Media Relations & Public Information I 1 11 603 Nov 14 2014 9:49AM HP Fax 4027217791 page 3 7. News media, at scene access: a The department does not issue 'ress credentials. department will deny access tot the scene of an in any news media member who cannot present posi representative of a public news service, fer, the or its repol to entifica tion ( as a b Police lines may be established tprevent persons from entering th area of a serious incident or crime sce e, Dependent u n the tactical s cation and the likelihood of jeopardizingpolice operations members of th news media may or may not be alloweo in such area, c While members of the media ma be permitted in ihe area of a cri I e or serious police incident, they do nit have the authority to be within crime scene or area that has been secu;ned to preserve evidence or at an location where their presence jeoipardizes a police operation. d Supervisors may allow access toews media repre entatives, Including photographers, at the scene of ajor fires, natural disasters, or othl r catastrophic events; and the perimeter of crime scenes depending n the need to preserve evidence and m�intain order. e No member of this agency shall prohibit the media from news gatlh practices, Including photography and interviews, o tside the establ perimeter, f News media representatives shalli not be prevented access to any area solely because of the possibility or their injury or death, If this is the only consideration, the media represer itative should be i idvised of the da nger and allowed to make the decision to enter on his oi her own volition. g At critical incident scenes, the PLOor scene comma der will establish a media briefing area as close to th scene as safety nd operational requirements allow, h At critical incident scenes, mel cooperation with the media to any information that could enc general public. *s of the agency -ire that live bro; er law enforcem vill work in close dcasts do not dito !nt personnel orie Media Relations & Public Information I 1 11 603 Nov 14 2014 9:49AM HP Fax 4027217791 page 5 (11) A person's race mav be released as in such cases; (12) Available photographs may be releas valid law enforcement fun tion such as the to enlist public assistance f n the apprehensi (13) In situations where multiple jurisdictf participated in the case, al l inquiries by the directed to the PIO. Supervisors from these consulted to plan and authorize a joint rele< b Public Relations: The Chief of Police or his design shall be respom relations news releases. Informa ion should be pros to all media agencies that have c ntact within the c area. The content of the news re eases may inclu6 I) Department accomplishments`� ii) New program announcements'; iii) Crime prevention informational iv) Relevant crime problems and statistics; or, v) Appointments and promotiond. c Emergency News Release: informlation !d only if they SE rve a Jentity of the vic tim or n of the offend ; and, ,ns or agencies I ave nedia should be 11 jurisdictions shuld be >e, if required, I for issuing qublic I on a regui r basis rtment's se ice Whenever there is an immediate 'eed to inform the general public concerning an emergency, any s om supervisor o duty may conta. PIO and request assistance in prEparing a press release. The need such release will depend upon th severity of the s tuation and the for the public to be informed. Comments to repork rs should be co only of factual, on -the -record Inf ,rmation. 7. The following Information WILL NOTThe released: a Any victim, complainant, or witne�s information s+ as identity, phone number, age, etc., in the f slowing instances: f) The information is contained fri an on-going inv release of such information mpy jeopardize suc( and/or prosecution of the case; ii) The information is contained 11i any sex offense investigation which, if divuige4l, would tend to I� identification; i Media Relations & Public Information - sex related d to the victim the 144A Nov 14 2014 9:50AM HP Fax 4027217791 Daae 6 I) Law enforcement officers ma not disclose the dentity of any `in releasing information to th� general public a to the arrest, IV) The identity of any critically 1 jured or decease person prior to notification of next of kin; v) The specific cause of death, until determined b the Medical Ex vi) Exact information concerning n ongoing investigation, whether crime or traffic accident, will riot be released if the information 1 jeopardize the investigation o prosecution of a subject; vii)The existence or contents of any confession, admission, or stat( given by the accused, or the refusal or failure of the accused to any statement; viii) The performance of any examination or tes , or the refusal failure to submit to an exami ation or test by the accused; Ix) Any prior criminal records, including arrests, inc ictments, and o charges of crime, or the charz cter or reputation of the accused; x) Statements concerning the testimony or credibi ity of a prosper witness; xi) Any reference to the possibility of a plea of guilly or the possibii plea to a lesser offense; xii) Personal opinions as to the g �iit or innocence o the accused, o evidence or merits of the case; All) The identity of suspects that are inLerviewec but not charge not be released; xiv) The identity of any inform nt; xv)Confidential intelligence or operations will not b disclosed exce express permission of the Chief of Police; xvi) Sensitive or investigative Information concer ing internal Investigations except by express permission of te Chief of Polic xvii) Any information strictly pr hibited by federalor state law. 8. Media Ride-Along's: a Media ride-along's allow member of the media to ccompany Blair Officers as they perform their duties. b Officers shall not permit mem private property nor will they access from property owners. c Any time a Blair Police Officer media, he or she will do so in Civilian Ride -Along Program. of the media to accompany ti- t Ft in securing permission for m iucts a ride-alongwith a mem rdance with Poll& and Procec miner; itbea ,ould nent Hake )r ier ve .yofa to the will t by onto the 325 Media Relations & Public Information I 1 11 603 Nov 14 2014 9:49AM HP Fax 4027217791 page 4 8. Access to Suspects a Suspects or accused persons In �ustody shall not bl posed or ma available for media interviews by,any member of tris agency. 9. Joint Investigations/Other Agency Involvement a In a multi -jurisdictional investigaon, the lead investigative agency responsible for providing or coon � inating the relea a of public infon I) Should the Blair Police Department be the lead igency, the PIO r his designee will share that information with all inv)Ived agencies i advance of public dissemination. 10, Press Release Categories: The freq ency and content of the release di pends upon the objective desired. Normal) releases will be r rovided to those media agencies that have a direct relations ip with the com unity. The three types of news releases are: I a Ongoing investigation: I) Any information provided to the news media by;a sworn supery be documented and provided o the PIO as soon as possible. It important that all releases contain the same information, If pos printed release will be prepar d for distribution lo the media. TI of Police, the PIO or with prior approval, the person in charge e investigation, MAY RELEASE tipe following infon ation: (1)The type of crime or nature of Incident; (2)The location, date, time, i 'uries sustained, amaged proper a brief description of the ir cident; (3) Amount and type of propei ty taken, Includin j value if known (4)The name, age, and addre s of any adult ch irged with a crir (5)The fact t4aCi jt env " a age, and�eneral-area-6-f r been`taken into sidence; ustody, includir (6)The nature, substance ort xt of the charge; (7)The facts, time and place cf arrest; (8)The next step in the judicidI process; (9) Requests for aid in locatinc evidence, a com lainant, or a su; (10) The identity of a su ,pect before arres will not be disc except to the extent neces ary to aid in the nvestigation, to In the apprehension of the Isuspect, or to wan the public of < danger. i will we, a Chief the and sex, Media Relations & Public information i �� 603 Nov 14 2014 9:50AM HP Fax 4027217791 7 9. Reaffirming this department's comrritmentto positive Chief of Police and PIO should meet on a regular bas! representatives to discuss issues of utual interest oi anticipated changes in department policy or procedur media also will be addressed at this ,time. media relations, the with media concern, Proposed or s dealing with t I e 10, Live coverage agreements establish voluntary guideli es for the broad ast of live pictures or information emanating from critical incidents scenes s h as hostage situations, barricaded subjects and other ong ing crises, The department supports the creation, Implementation and use of such agreements, 11. It is the policy of the Blair Police Department to pursue alternative me of disseminating information directly to the public. These may include community newsletters, government access cable television shows, w public appearances by employees, public area bulletin boards and oth 12. It is the policy of the Blair Police De artment to treat embers of the with professionalism and ethical bef avior. It is expected that the med respond in a like manner and followlethical guidelines established by' Industry. a Employees of the Blair Police Department who believe they were unethically by a member of the edia should cont ct the PIO. 13. Media Review;- ­_I The department will involve the changes in policies and procedu function by allowing them to re) Media Relations & Public Information vs media in the development relating to the public informa i and comment on this Droce( sites, edia will :ir 603 EXHIBIT Katie Rohman Managing Editor Enterprise Publishing Co. 138 N. 16th St. Blair, NE 68008 February 27, 2015 Chief Joe Lager Blair Police Department 1730 Lincoln St, Blair NE 68008 402-426-4747 Dear Mr. Lager: Under the Nebraska Public Records act and the Nebraska Criminal History information Act, specifically NRS section 29- 3521,1 am requesting original records of entry such as police blotters, offense reports, or incident reports maintained by the Blair Police Department from February 13, 2015, through February 27, 2015. If there are any fees for searching or copying these records, please Inform me of the cost.. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of the operations of the sheriff's office and its public employees. This Information is not being sought for commercial purposes. The Nebraska Public Records Law requires a response time of four business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. Thank you for considering my request. Sincerely, Katie Rah►nan Managing Editor Enterprise Publishing Co. 402-426-2121 yswr liaftetaww iJewspaper! PUBLISHING COMPAY Established 1869• Newspapers Printing® Marketing imimmomm March 17, 2015 Dear Chief Lager: On March 13, 2105, you responded to a public records request sent to you by the Washington County Enterprise. Our request was sent to you in writing on February 27, 2015. It sought access to: Under the Nebraska Public Records act and the Nebraska Criminal History information Act, specifically NRS section 29- 3521, I am requesting original records of entry such as police blotters, offense reports, or incident reports maintained by the Blair Police Department from February 13, 2015, through February 27, 2015. As I'm sure you know, Neb. Rev. Stat. sec 29-3521 (2) says that "original records of entry such as police blotter, offense reports, or incident reports maintained by criminal justice agencies" "shall be considered public record for purposes of dissemination." Your email response to the Enterprise's public record request did not provide copies of any documents whatsoever. Rather, your response says, "All requested information that fall within the guidelines of public records, have been posted on our website. You have access to this information 24/7 at blairpolice.org." That website does not contain or allow access to any copy of any "original record of entry" whatsoever. Rather, it provides access to your news releases, which are not the records requested, and do not provide the information contained on the records requested. In fact, a number of references in your news releases do not provide names relating to the incidents, but instead say only "juvenile." Your email response fails to comply with the public records act. Since the Washington County Enterprise is contemplating legal action to obtain access to the records it seeks, we ask that you comply with Neb. Rev. Stat. sec. 84-712.04, which requires any record custodian denying a request to provide certain information to the requester. In particular, the Enterprise insists that you specify in writing "a statement of the specific reasons for the denial, correlating specific portions of the records to specific reasons for the denial, including citations to the particular statute and subsection thereof expressly providing the exception under section 84-712.01 relied on as authority." You have already exceeded by a fair amount the four business day time limit for record request responses set out in Neb. Rev. Stat. sec. 84-712(4 ), so we ask that you promptly comply with your statutory obligations, as set out above. If we don't have an appropriate response that complies with the statutes by the end of this week, the Enterprise will take what legal action it deems correct, and if a suit is filed, we will ask that the City be required to pay our legal fees pursuant to Neb. Rev. Stat sec. 84-712.07. Sincerely, Mark Rhoades Publisher Enterprise Publishing Co. EXHIBIT D TRIPP LAW OFFICE 635 North Broad Street P.O. Box 375 Fremont, NE, 68026-0375 Phones (402)721.7790 Email: atripp@trippiawofficc.com March 19, 2015 Enterprise publishing Company c/o Mark Rhoades 138 N. 16111 Street Blair, NE 68008 RL: RECORDS REQUEST 'Fax: (402)721-7791 Please be informed that I represent the City of Blair and we are in receipt of your letter dated March 17, 2015, As noted in e-mail correspondence from Chief Lager on Manch 13, 2015 all information in which we believe is required to be released is already available on the Blair Police Website blairpolice.org. Any reports and incident information from the Blair Police Department on any criminal matter that is considered a public record would be available to your company to view at the Washington County Courthouse including the right to examine such records, and make memoranda, copies using your own copying or photocopying equipment all free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business in accordance with Nob. Rev. Stat. §84-712 or through the website for the Nebraska Court at Nebraska.gov/justice, Police reports and incident information from the Blair Police Department on any pending criminal matter either in this office or the Office of the Washington County Attorney during the time frame requested may lawfully be withheld pursuant to Neb.. Rev. Stat, §84»712;05(5) as they constitute records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, when the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant Identification, or strategic or tactical information used in law enforcement training. In Fourcloud v. City of Fremont, 1993 WL 259351 (Neb. CC App. 1993) the Nebraska Court of Appeals held that "offense reports" and "incident reports" which are public records under 29-3521 of the Nebraska Security, Privacy, and Dissemination of Criminal History and Information Act, Nob, Rev. Stat, §§29-209, 29-210, 29-33501 to 29.3528 and 81-1423 (1995, Cum. Supp. 2006), may still be withheld from the public if they are part of intelligence or investigative information under §84»712.05(5). Juvenile Court and proceedings relating to juvenile delinquency are considered civil (not criminal) in Nebraska, and thus not included within the scope .of Nebraska Security., Privacy, and Dissemination of Criminal History and Information Act, The statutes clearly intend for the record to be. sealed, identification of juveniles protected and the proceedings to be closed, Please refer to the statutes relating to confidentiality of juvenile records and proceedings such as Neb, Rev, Stat, §432,108(3) or disclosure of a juvenile citation in Neb, Rev. Stat. §43»248.02, The City of Blair would like to ensure that all procedures and policies are compliant with all applicable laws relating to the release of public information. Of paramount importance for the City of Blair is to ensure lawful protections afforded juvenile offenders, victims, subjects of civil commitment actions and medical emergencies and people with pending criminal matters. All of the law enforcement agencies in the region that I contacted do not disclose the requested information and I believe the City of Blair policy is compliant with Nebraska Statutes. I have met with the Washington County Attorney who also concurred with our position, If an Order from the Court or an Attorney General Opinion pursuant to §84-712,05(5) indicates otherwise we would certainly comply, Sincerely, Adam R. Tripp (#23856) Cc; HPD Rod Storm SOMMISIMMININ MENIMINIMEM tabbleW 1 - O CO J cn CC) O N NW W O O N O 'n CD Cs Cfl W 00 CW31 --4 ON CSI CSI Cb W O CSI C31 co m is N N co 00 W "n CDm: s W 0000 -,I is < cn < < m o o Cl) cn O 0 n —I < < z cn -v cn z cn --I Z - m c c v m m m O (Dmm CD CD m ' D rr n �<D rnm c m o c om 0 a � � Qa ; c a (3 ry =r -n ° ' CD N ' o = noat : n cu m cn - �1 C7 (D Cl)r oD :o =3 m (P° o cc, ° o _ a C -• a0 - - m ro c0 O CD < _ cD m m N ^N N CD 0 ^� '' N CJIp NCL .fir O m p p < ro CC 71- O O- W oo m w _ � m W co cn O c . 00 G W N O y �. 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