Long day today. Started out rather normal, but soon evolved into something interesting. Al Jordan, a friend who runs a site for Elwood, Indiana (he calls it a 'communication network...'), said he overheard someone on the radio with the dispatcher at the Elwood Police Station say that they were looking into the legality of continuing to give him the arrest reports (we came to find out 'daily log' is a better way to say it...) Imagine that! On a Friday! Not only that, he was told that if they had to give the records to him, there would be a $3/page charge for the information.

I wanted to call Larry Riley and get his input, but knew with classes at BSU finishing up, he'd be super busy. I tried one of the MFP readers in Gaston who'd had experience working with the Indiana Public Access Counselor. Left a message.

Next I called Karen Davis, Public Access Counselor for the State of Indiana. It was a Friday at lunch, so I ended up leaving a message, trying to explain what we were facing in Elwood, Indiana.

As we talked about it more, April (Al's soon to be wife) arrived to go to lunch with him. I told them I was going to run across the street (heh. pictures of our killer first newsroom location to come...) and ask for them myself.

I can see how it would be intimidating for some people to go in and request even the basic information. I said I was there to pick up the arrest reports. A dispatcher asked if I was with the "newspaper." I said no, I was with ElwoodIndiana.org. (Not that that matters!) I was told by the assistant chief (?) that they were looking into the legality of releasing that information to us.

I then asked if they charged the Elwood Call-Leader (the local newspaper) for the arrest reports. I was informed the newspaper wasn't charged for the information.

I walked back across the parking lot to our prototype 'public newsroom' and let Al know that I'd gotten the same reaction before he took off to lunch. After they left, I locked up and headed to the apartment where I Googled through Indiana Code and found IC 5-14-3, which covers Access to Public Records.

This is another step that I don't think a lot of people would follow through on. It wasn't that difficult, but Indiana Code can be a little bit overwhelming. In any case, I scanned the chapter and came up with the important bits for our situation. Well, it was Al's situation (more on that later), but it was mine now too.

The relevant bits were; IC 5-14-3-5 (Information relating to arrest or summons; jailed persons; agency records) and IC 5-14-3-8 (Fees; copies). I'm certain Al would have found the information on his own, but working together toward a common goal is good. (Wait 'til we can hire reporters and photogs!)

When he came back from lunch, I told him I'd found what we needed. He whipped a printer into existence and we printed out one full copy and one with only the relevant bits. About that time we heard back from the Elwood City Attorney (who Al had called).

Thomas Beeman had been able to help Al before with the same problem when he first started running the Arrest Reports on his website (which, not coincidentally, helped to double his traffic...) We didn't want to call him again, but thought he should be in the loop as to what was going on.

We learned Jack Miller already called to have him look into the legality of what Al wanted to print on his website. (As far as I know, he hadn't changed what he was asking for - just insisting it was the complete/total information.) We'd looked at Indiana Code that afternoon. We were specific. We offered him the relevant chapter. He said he'd get back to us. (It was nice to get a prompt call back the first time...)

We walked back across the parking lot to the new City Building and went to see if the Mayor (W. Merrill Taylor, who's running for reelection) was in to let him know what was going on. He was out with Bill Savage, Economic Development Director. (I'd heard earlier from the dispatcher that the Chief of Police was out with the Mayor and would be gone all day...Hmm.)

We left a copy of IC 5-14-3 with the Mayor's assistant (very nice lady) and continued over to the Police Station to give them a copy as well.

Before and during all this, we had another meeting with Jomo Williams of CityNFocus. (Which went well, btw... hopefully more news soon - and a steadier stream of (LOCAL!) revenue...)

We also sat around and talked about our sites and what we were doing in general, etc. Sometime late in the afternoon, Karen Davis returned my call. I introduced myself and went over our current situation. She suggested requesting the records in writing. From there, we could file an informal or formal complaint. We were right in what we read, though. (Heh. At one point after her call, I read aloud the beginning piece of that chapter to one of the people who like to hang out in the newsroom...)

IC 5-14-3-1

Public policy; construction; burden of proof for nondisclosure

Sec. 1. A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master. Accordingly, it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. Providing persons with the information is an essential function of a representative government and an integral part of the routine duties of public officials and employees, whose duty it is to provide the information. This chapter shall be liberally construed to implement this policy and place the burden of proof for the nondisclosure of a public record on the public agency that would deny access to the record and not on the person seeking to inspect and copy the record.
As added by P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.

Some powerful phrases in there. (which would make a great t-shirt maybe ;) But they have to mean something - even in small town America. Nay, maybe even mean more in small towns like Elwood, Indiana.

So we typed up a request. And delivered it. (I captured a few pics of it. Might post them here. As I said, though, it's been a loooong day in many ways.) So here we are.

Oh, almost forgot, Karen Davis is on vacation next week. Heh. I'm hoping we have the issue resolved before she comes back and that we don't have to involve her. (It was a good contact to make, though, as we rally the politicians and those working for the government across the state for the cause of grassroots journalism, the cause of the people...)

I'm really expecting that we shortly start receiving the full Daily Log. (In the past, Al has gotten handwritten lists instead of the printout which on other days is duplicated - that is, the same information given to the newspaper and Elwood's communication network.) We're not going to settle for any less than what Indiana Code states we should receive.

I'm sure there will be updates on this as it progresses over the next week or so. Stay tuned.

And again, many thanks to Karen Davis, Indiana Public Access Counselor, for taking some time to talk with us today.

For the people and by the people...

kpaul out...

Technorati Tags: Civic Journalism Elwood Indiana Elwood Police Chief Elwood Police Chief Jack Miller FOIA Freedom of Information Grassroots Journalism IC 5-14-3 Indiana Code Jack Miller Karen Davis New Media Independent Online Public Access Laws