Police committed to safety, privacy and informing public

June 14, 2006

By MIKE BIERMAN

This concerns an editorial in the May 31, 2006 Argus-Courier titled "Your right to know under attack: Part 2" and an article in the same issue, "Newspaper: city illegally withholding crime info."

These articles misinform the public about how the Petaluma Police Department keeps the public informed, and protects public safety and individual privacy rights. At the June 19 City Council meeting, staff will report on the city's compliance with records disclosure laws, discuss how the Police Department shares crime-related information with the public, and the involvement of the city attorney's office in ongoing requests from the Argus-Courier for very sensitive police department records, such as records of alleged child abuse, elder abuse and psychiatric detention cases. In the meantime, we want to correct some inaccuracies in the May 31 Argus-Courier.

First, there has been no change in city records disclosure policy. Eric Danly, the present city attorney, has advised the city on records laws for several years, even prior to his appointment. Richard Rudnansky, the prior city attorney, confirms there has been no change in the records advice provided by the city attorney's office.

Second, the May 31 articles question the city attorney's involvement in requests for police records. Prior to the May 31 articles, the city explained to the Argus-Courier, and its affiliated papers, the Press Democrat, and the New York Times, that the city attorney's office assists staff with requests for sensitive police records because under the California Constitution, and statutes in the California Penal Code and Welfare and Institutions Code, the city and its officials may be subject to civil and criminal penalties for unauthorized disclosure of certain child abuse, elder abuse, and psychiatric detention records. Also, the city may be sued and required to pay attorneys' fees for failure to disclose records as required by law. Given the potential liability for unauthorized disclosure, on the one hand, and inadequate disclosure, on the other, it should be no surprise that the city attorney assists with such requests.

Third, the May 31 article and editorial assert that the city is violating the California Public Records Act and the California Constitution. Neither the Argus-Courier, nor its affiliated newspapers, has ever cited any records law requirements they believe the city is violating. It is true that in response to past Argus-Courier requests for large numbers of police records, we have provided abbreviated responses to sensitive records that are partly or wholly exempt from disclosure. We did so to accommodate the Argus-Courier and respond even faster than the law requires. However, the ongoing Argus-Courier requests focused on very sensitive police department records preclude such expedited responses, and have greatly increased the city attorney's involvement.

Last, and most important, the May 31 editorial suggests that the Petaluma Police Department does not inform the public regarding potential threats to public safety. Actually, the police department informs the press and the public when it has information of potential threats to public safety. The department issued such press releases on Dec. 29, 2005, and on March 23, March 31, and April 7 in 2006. The announcements addressed a knife assailant that was taken into custody, a potential kidnapping, multiple auto burglaries, and a female high school student who was accosted.

Also, the Police Department makes available to the Argus-Courier and others each Tuesday, Wednesday and Friday three separate computer logs listing all calls for service, all arrests and incidents, and additional arrestee information. The police department continues to make these logs available without charge, whether they have been requested or not.

Thank you for this opportunity to inform the Petaluma community about the commitment of the city of Petaluma and the Petaluma Police Department to keeping the community safe and informed, and protecting the privacy rights of victims and others. We hope interested members of the public will attend the June 19 meeting and learn more.

(Mike Bierman is the Petaluma city manager.)