LEWISTON – The results of a statewide audit of public records shows that aggressive and required training can improve government’s compliance with freedom of information laws.
Maine’s Freedom of Access Act is clear and concise: Unless a public document or meeting is specifically exempted by law, it should be accessible to the public.
But an audit by the Maine Freedom of Information Coalition of government employees found a wide range of reactions – stretching from full and polite compliance all the way to a complete and rude disregard for the law.
According to Judy Meyer, a managing editor at the Sun Journal and the coordinator for the audit for MFOIC, one of the biggest factors in explaining how government employees reacted was the amount of training that they have received.
She used the compliance rates among the state’s police departments and the experiences of individual auditors as examples of how a concentrated education and training effort can achieve results.
“I think it makes their frontline desk clerks and sergeants more aware of how to handle requests when the public walks in off the street,” Meyer said. “Four years ago, the higher-ups in the department were aware of the law, but in our experience that information didn’t trickle down.”
This year’s audit, which was conducted May 3, followed the design of an audit done in 2002, which uncovered troubling responses to information requests, particularly from some police departments, Meyer said.
In 2002, the police departments complied with the law 66.2 percent of the time. This year, the number improved to 70 percent, according to the audit. In both years, auditors sought information that, by statute, is available to the public.
But while the numbers are important and show progress, it’s the attitude exhibited by many of the police departments that has changed the most dramatically, Meyer said.
“There’s been real improvement in how the police departments around the state interact with the public,” Meyer said. “They have really improved their customer service and really seem to recognize the public’s right to this information.”
The 2002 audit turned up some extreme examples of poor customer service.
Some auditors found themselves surrounded by uniformed police officers and subjected to aggressive questions, Meyer said.
Another was followed by police, who ran a background check using his license plate, and one student auditor’s parents were contacted by police after she asked for what should have been easily accessible documents, Meyer said.
“In some – not all – cases, there was an energetic effort to intimidate the auditors,” Meyer said. “It was really jarring.”
Following the 2002 audit, the Legislature updated the state’s Freedom of Access Act. One of the key changes requires all law enforcement agencies to adopt written freedom of information policies and designate an officer to handle requests. The certification of the chief is jeopardized if a department fails to comply, Meyer said.
The Maine Criminal Justice Academy and Maine Chiefs of Police Association both provide freedom of information training.
“In 2002, we realized we had some serious issues,” said Robert Schwartz Jr., the executive director of the Maine Chiefs of Police. “We put together a training program based on the law.”
The association offered the training around the state and Schwartz estimates that 500 police officers representing 97 percent of departments participated in the executive level course.
In addition, the Criminal Justice Academy offers public information training to every chief and sheriff in conjunction with the Office of the Attorney General, said Alan Hammond, the assistant director and training manager at the academy.
“I think a lot of eyes were opened by the (2002) audit,” Hammond said, saying that the increased attention to training has increased awareness and compliance around the law.
Since the initial training by the Maine Chiefs of Police, the association offers yearly update classes and is prepared to provide more frequent training if there are major changes in the law, Schwartz said.
“Obviously it helped, and the departments are going by these policies,” Schwartz said.
According to Schwartz, without training, it’s difficult for police officers and other government employees to know exactly how to handle requests for information. For police departments, particularly, the training is important in two ways: It trains officers on what they must release to the public and what shouldn’t be released to the public to protect the integrity of an investigation.
“I’m happy with the results and glad it caught on,” Schwartz said.
While compliance from Maine police fell short of perfect, the improvement illustrates how good training programs can make a difference, Meyer said.
“That’s one of the reasons why (the coalition) has emphasized training and education first,” Meyer said.
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