Mayor Rahm Emanuel’s office announced Sunday that the
city would soon make internal investigation files regarding police misconduct
open to the public. Emanuel, in a release to media, attempted to spin this
announcement as a bold step in open data but the city only agreed to do so
after it decided not to appeal a lower court’s decision on releasing the
records to the Illinois Supreme Court. City spokeswoman Shannon Breymaier told
the Sun-Times she believed the city’s argument was strong and valid “but we
decided this comes in line with our efforts to build relationships between the
public and police department and improve transparency.”
Don’t expect to see everything in the investigation
notes, either. The City will use standard Freedom of Information Act exemptions
to redact some information, including those pertaining to ongoing
investigations and confidential witnesses. The City may also reject releasing
some files because they could be deemed “overly burdensome.” A city spokesman
said, for example, requesting “CR” files for a calendar year serves as an
example of “overly burdensome.” Files would be released as investigations are
completed.
The about face by the city comes after a March
decision ruled in favor of independent journalist and activist Jamie Kalven,
who requested to see “CR” and “RL” (repeat offender) files. A three-judge panel
of the Illinois Appeals Court ruled those files were not exempt from FOIA
Requests. The city has been working with civil rights attorneys and the Police
Department to settle the lawsuit.
Police Superintendent Garry McCarthy said in a
statement, “By allowing access to these records, the Chicago Police Department
will further demonstrate that it takes allegations of police misconduct
seriously.” Craig B. Futterman, clinical professor of law at the University of
Chicago and founder of the school's Civil Rights and Police Accountability
Project, said, "we applaud the policy sea change on this matter brought
about by the Emanuel administration."
