You might notice the Bainbridge police blotter is a bit short on
detail
this week.
That’s because the Bainbridge Island
Police Department has a new policy of withholding narrative
descriptions from the incident reports they make available to the
press on a weekly basis. In place of a narrative is a one- to
two-sentence summary.
Access to incident narratives, which provide the bulk of a
report’s information, now require that the Kitsap Sun and other
members of the press file a public records request for each
incident.
The police have up to five days to respond with either the
records or an estimate of how long it may take to release the
records.
In essence, the press will now receive much less information
than in the past unless we go through a time-consuming records
request process. The one- or two-hour task of reviewing and
reporting on the weekly log of incidents could now take a week or
more.
Why the change in policy?
Bainbridge Commander Sue Shultz said she, City Attorney Jack
Johnson and Police Chief Jon Fehlman determined that providing less
information makes the department more efficient.
“We have less staff to work with,” Shultz said. “This is a way
to slim down the product.”
The policy change came after the Kitsap Sun questioned
Bainbridge police’s redaction policy, pointing out that it was
inconsistent with open records laws.
State law allows police to black out the names and personal
information of victims and juvenile suspects on police reports.
However, Bainbridge police have had a policy of blacking out all
names, all personal information, all street addresses – even the
names of businesses, brands, prescription drug makers and consumer
products. Vehicle brands were left in, but prescription drug brand
names were almost always blacked out.
The scope of redacted information has grown through the years,
making a report’s narrative difficult and sometimes impossible to
follow.
We cited the relevant state laws and asked that changes be made
and obtained an opinion from the state Attorney General’s office
that reinforced our position.
We also suggested that redacting less information may actually
save police time. Reports from weekends are often unavailable to
the press on Mondays because of the amount of redacting police
clerks were required to do.
We stressed that the Bremerton and Port Orchard police and the
Kitsap County Sheriff’s Office all provide information in a similar
open manner without requiring a formal public records request.
After about a month of discussions with Bainbridge police,
Shultz notified us her department would alter its procedure to
better comply with state open records laws.
We agreed with her that the names of witnesses, victims, social
security numbers and narratives involving children and ongoing
investigations should be withheld.
We were surprised, then, to find that the narratives were
withheld when we next checked the stack of reports.
Shultz said the city attorney’s review of open records laws
indicated that the department is not required to provide the
narratives unless we file a records request.
The attorney’s reading is legally correct. However, the
relationship between newspapers and police departments has often
allowed reporters to read reports without filing a public records
request to obtain each narrative. That type of agreement is in the
interest of helping journalists report on the community fully and
accurately, and minimizes the time spent by police clerks in
redacting information or handling public records requests.
In the interest of transparency, and in continuing to provide
readers the same level of coverage, we plan to file the requests on
each incomplete report we believe may contain valuable
information.
We are not accusing Bainbridge police of stonewalling us beyond
what the law allows, but we are questioning why a change in
procedure is necessary. We’ll continue to work with police to
answer that question. The change does make our job more difficult
to do, and we hope to find a solution that does not affect what our
readers expect from us, and from its police department.