Editor’s Note
The Parthenon conducted an open records audit in October and November and requested documents from offices across campus. Reporters did not identify themselves as reporters because, under state law, open records should be available to anyone who requests them, not just the media. All requested documents are open records per West Virginia law Chapter 29B, which are the state’s open meetings and open records acts. If the office did not provide the requested document, students presented a written Freedom of Information Act request that gives employees of public agencies five days to provide the information or provide a written reason why they cannot. The
written response should conform to the exemptions in Chapter 29B.
In an investigation to retrieve the open record of the police blotter book, the Marshall University Police Department proved to be compliant with the law.
The blotter book contains daily incident summaries recorded by the MUPD. The summaries include date, location, victim, crime reported and whether an arrest wa.
When the request was first made for a copy of the blotter book the officers were hesitant to give out the information.
At that time, a letter referencing the Freedom of Information Act was given to the officer present. The letter included the request for the blotter book, the conditions of FOIA and contact information.
The officers at the front desk took the letter and said they would give it to Jim Terry, director of public safety for Marshall police, to receive further information.
In a voicemail from the MUPD, a police officer responded to the request made earlier that day.
“I have spoken with the lieutenant,” the police officer said. “The request does have to go through the chief of police Jim Terry. He would be able to get you the information you requested.”
In the letter, FOIA states the open record must be provided within five business days.
Although Terry did not respond within five business days from the date the letter was given, the information was quickly provided through a phone call to Terry.
Terry said the blotter book is open to the public.
“Anybody that comes in and asks to see that, they are supposed to hand them that,” Terry said in reference to the blotter book. “They should have been able to just hand you that (on) that day.”
He also said the other officers wanted to check with him first. They thought the request was made for the report book, he said.
The report book is where they put the full police reports. This documentation is not permitted to the public.
“The other is our personal police reports,” Terry said. “I don’t think there’s anything that says I have to give that to you because that has personal data in there, social security, birth date. There are some things you don’t want out in the public before you can investigate.”
According to the West Virginia Open Record Law, records within law enforcement agencies that deal with investigation of crimes committed are for internal use only.
Katie Fowler can be contacted at fowler61@marshall.edu.
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