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Oregonian reporter Maxine Bernstein has submitted a formal declaration in support of the motion to intervene lodged yesterday in Federal Court, aimed at pushing the City to release information relating to the Chasse case. I’ve attached the motion to intervene here and here as not one, but two pdf documents, and Maxine’s declaration here if you’re interested in downloading them.
Bernstein writes that the Portland Police Bureau has repeatedly tried to evade her attempts to get access to information about its officers under public records law—until the Oregonian hires an attorney to fight for the access, and usually wins.
Bernstein writes in her declaration that she frequently submits public records requests to the Portland Police Bureau regarding 1.Internal Affairs Department investigations into high-profile fatalities involving officers, 2.Discipline information and documents about officers, 3.After Action and Review documents about officers, 4. Independent Police Review documents—but that the PPB often tries to claim such records are “exempt from disclosure.”
However, whenever the Oregonian has followed the statutory procedures set out in ORS 192.310 to challenge the PPB’s claim of exemption in such cases, the paper has almost always been successful, according to Bernstein.
We have a lawyer here at the Merc, but I’ve always just assumed the bureau had the voice of God when it said a record was exempt—they enforce the law, after all. Now I’m going to be calling our attorney next time I hear a “no,” so thanks to Maxine for pointing all of us in the right direction.
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Nice posting! It was featured in this week's edition of the Carnival of Open Records.
Regards, Maverick