CHARLESTON - It seemed like a simple assignment: Go to the Charleston Police
Department, act as if you are John Doe citizen and request a copy of a crime or
accident incident report to see how well the department abides by South
Carolina's Freedom of Information Act.
The assignment was part of a statewide review coordinated by The Associated
Press to see how well state and local agencies follow the open records law.
Crime and accident incident reports are public information by law. Anyone is
supposed to be able to get a copy of one, no questions asked, and the cost
should be reasonable, typically the cost of copying.
For years, reporters with The Post and Courier and other news organizations
routinely have obtained copies of incident reports from the Charleston Police
Department for news stories. It appeared that the department, one of the largest
and most respected in the state, was fully complying with the law and that it
would pass the test with by-the-book efficiency.
So, the newspaper sent a reporter who wouldn't be recognized by police to the
records department. The reporter was to present himself as if he were just John
Doe citizen and request an incident report.
The reporter picked a recent robbery of a College of Charleston student.
Initially, a clerk in the records room went to look for the incident report
but returned with a supervisor, who told the man, "You can't have that."
John Doe protested, saying that the document is supposed to be public
information. The supervisor asked the man if he was involved in the
incident.
John Doe replied that he was not involved but was just interested in more
information than was in a newspaper article on the robbery.
The supervisor said that only those involved in the incident could have a
copy of the report.
John Doe asked how the newspaper got a copy of the report since it didn't
appear that the paper or its reporters were involved in the incident.
The supervisor said something to the effect that the newspaper used a Freedom
of Information request. She told John Doe he could file such a request with a
lieutenant and walked away.
John Doe called after her through the opening in the counter window: "Excuse
me, may I have your name?"
The supervisor turned and said what sounded like "I'm Ms. Full-Of-Love."
"Yeah right, I believe that," John Doe responded before he left
empty-handed.
When Charles Francis, the police department's spokesman, was told what
happened, he replied that he didn't think "any John Doe off the street" was
entitled to copies of incident reports. "You don't know who he is. ... He may
attack someone," Francis said. He said the police department would be blamed if
"somebody gets killed" or attacked.
He said he would call the city attorney to see whether incident reports were
public information.
A few minutes later, Francis called back. The attorney told him the
department is supposed to give incident reports to everyone.
So how long has the department been violating the Freedom of Information law?
"I have no idea, man," Francis replied. He said the policy on not releasing
copies of incident reports has been in effect, at least, since 1991.
Interim Police Chief Ned Hethington didn't hesitate when asked what the
department will do. "We'll get it straightened out," he said. "We'll follow the
law."
When another reporter acting as a member of the public went by to see whether
anything had changed, he paid $5 and walked out with a three-page incident
report.
And what of Ms. Full-Of-Love? She was just following policy - and she really
is Fullilove, Chicquetta Fullilove.