Today's Savannah Morning News (Saturday, January 3) contains an article that states two officers, who face discipline with Savannah-Chatham Metro Police, still have their records "sealed". The term "sealed" is incorrect. "Sealed" means the files will never be available. The correct term, although not as pithy and more lengthy, is that they are not legally available at this time.
The article rightfully explains that the personnel and OPS (Office of Professional Standards) files of Victor Munn are unavailable because a federal investigation has been launched. Records and files are not open to the public during an ongoing investigation. The files are, in fact, out of the hands of SCMPD.
However, the article goes on to mention that the Gregory Capers information is still unavailable and intimates the police department promised the files would be available in late December. As was pointed out by the City's Public Information Officer Bret Bell, the files are not available because they have not been closed out by the City. The police department concluded its investigations and all information was transferred to the Human Resources Department in December. Once the City has completed its part of the discipline process, the file will be made available.
When someone chooses to be a public servant, they agree to have much more of their personal lives open to public scrutiny. Only in such positions does the public have the right - and rightfully so - to see personnel files and discipline records.
The disciplinary process for any employee - employed as a public servant or by private industry - must be thorough, thoughtful, and carefully evaluated. This is not a fast process, nor should it be. As Bell said, "These things are fairly deliberate to ensure due process." As it should be for any employee facing discipline. Would you expect or want anything less if it were you?
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2 comments:
If the police department "concluded its investigations" against Capers, then why is his personnel records not being made available to the press?
The Georgia Open Records Act states that records related to closed or terminated investigations are subject to disclosure. Furthermore, the Act does not exempt personnel records from disclosure.
The City's Human Resources Department is not an investigative agency. What provision of the Open Records Act is the city using to withhold access to these files?
You are correct that the SCMPD investigation is complete.
However, the disciplinary part of the action, the City Manager's decision, has not been finalized. Since that is part of the file, it must be completed before release.
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