Results 1 to 3 of 3

Thread: Time to request CV/resumes of your local LEOs ... some have bad histories

  1. #1
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838

    Time to request CV/resumes of your local LEOs ... some have bad histories

    http://www.wftv.com/news/florida-off...&ICID=ref_fark

    I have done this with PDs ... found one who applied and applied for many depts and was turned down by all until he finally got a position. Of course, the reason why he was not accepted by many dept.s is unclear but it raised a red flag with me about this guy and I keep a close eye on him when appropriate.

  2. #2
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Quote Originally Posted by davidmcbeth View Post
    http://www.wftv.com/news/florida-off...&ICID=ref_fark

    I have done this with PDs ... found one who applied and applied for many depts and was turned down by all until he finally got a position. Of course, the reason why he was not accepted by many dept.s is unclear but it raised a red flag with me about this guy and I keep a close eye on him when appropriate.
    You know, you might be onto something.

    I'm thinking--just off the cuff--that public safety (against a bad cop) would out-weigh the secrecy of personnel files.

    Plus, adroit use of the sunshine laws might pry out some information. For example, VA's sunshine law (freedom of information act) expressly exempts personnel information. And, yet, it requires the custodian of the information, when refusing to provide a copy of a record within his discretion allowed by law, he is required in his refusal letter to you to state the size of the withheld record.

    So, instead of asking for "the written application of Officer Jones", you ask for "those pages or part of pages that show Officer Jones was fired from any other PD."

    This takes subtlety. You've got to word this carefully. You can't say, "pages that show he was fired or allow to resign". You just get a refusal that explains there are four pages of application responsive to the request for termination or being allowed to resign--and everybody is allowed to resign to move on to a better job. And, you can't tell which is which. In those four pages was he fired, or allowed to resign? Which times?

    Maybe you have to ask, "those pages of Officer Jones employment application which detail being fired by an earlier police department." And, then after getting a refusal on that point--let's say the custodian of the records does not say, "There are no such records" and instead says there is one page, withheld under the custodian's statutory discretion. Ah-HA!!! Now, you know he was fired by an earlier PD. Now, you have to send another FOI (freedom of information) request narrowing the scope. Maybe you have to send a total of four requests as you narrow the scope, step by step. For example, "...that page or pages of Officer Jones application or employment history verification investigation that show he was fired for violating department policy regarding the rights of suspects". My point is that you have to be slick, and painfully precise.

    Side Note: If personal experience is any example, expect the police to obfuscate, mis-direct, pretend to not know the requirements of the sunshine law even when you expressly cite the exact paragraph of the statute, or outright refuse in violation of the law. Literally--no exaggeration--of all the FOI requests I've sent to police, once they figure out what I'm up to, they start dodging 75-80% of the time. I've had a police lieutenant in one of the most self-proclaimed professional police departments in the country come all over stupid like he can't read and understand a very, very precise FOI request, and respond totally off the point with information not requested when it involved a cop. In one sense, treat your FOI request as a genuine FOI request that will get you answers. But, in the back of your mind, be ready to treat it like a dance, where all you're doing is really backing the PD into a corner and gathering evidence for a lawsuit. That is to say, almost expect the PD to be dodgy, to the point where you don't really expect them to comply with the sunshine statute. Assume that all you're really doing is building a paper-trail of bad faith non-compliance with the sunshine statute in preparation for a lawsuit. In one sense, be ready to take it as though you don't really care what their reply is; you know you're just building a paper trail proving bad faith dodging for a lawsuit. But, hey, that's just me. I've only been through this a dozen times with police departments. What do I know?
    Last edited by Citizen; 08-11-2016 at 11:23 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    You may ask for the entire personnel file. Its a public record. Depending on the state, you may get access to them all. I don't know of any state that specifically exempts such records. Under privacy concerns some but the person must claim this, not the agency in most cases. And many simply will not.

    And the records relating to why they got fired? Even under privacy rules these are generally accessible as the need of the public to know outweighs the privacy concerns.

    My motto is: make as broad a request as possible.

    They have issues? Then file another w/o withdrawing the broadest one if you wish. Make sure you get something in return for narrowing a request (like speed).

    Each state is different ... so when asking FOIA related questions it must be known what state is involved, although states sometimes also look to the federal FOIA act decisions too.

    And be aware that although they may provide records, they may be redacted (social security #s for example, home addresses, etc.) and this may cost the requester the cost of copies (needed to make redactions). I have a civil suit pending concerning overcharging for copies related to redactions now. The state (I requested a state agency's records) admits that they overcharged and is trying to get me to drop the lawsuit...which I am willing to do but I am not willing just to accept the return of just the overcharges.

    So when I file a request that may require redactions, I usually put a limit to the amount I am willing to pay and for the agency to advise me of any costs beyond that to review.
    Last edited by davidmcbeth; 08-12-2016 at 08:21 AM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •