The Michigan Supreme Court heard arguments Wednesday on whether police departments must release documents about internal investigations to the public.
In 1998, the Lansing State Journal requested files concerning any complaints investigated by the Lansing Police Department Internal Affairs Bureau from 1997 under the Freedom of Information Act. The city of Lansing refused to release most of the documents, stating they were exempt from disclosure, said Chuck Barbieri, the attorney for Federated Publications Inc., publisher of the Lansing State Journal.
An Ingham County Circuit Court judge ruled that the department had to release files concerning citizen-initiated investigations, but not documents from internally generated investigations. Then, in 2000, the Court of Appeals overturned the ruling, stating the newspaper was also entitled to internal records.
Barbieri argued in front of the Supreme Court justices on Wednesday that the public interest in disclosing the files outweighs the public interest in not disclosing.
A decision is expected by July 31.
“(In 1997) there had been many concerns about the police department,” he said. “There had been complaints on the city by many people.”
Barbieri said the city has released a large number of the documents since 1998, but there still are a small amount undisclosed.
Mary Massaron Ross, appellate attorney for the city, said Lansing’s position is more public interest lies in not disclosing the documents.
“The part of its internal affairs process depends upon confidentiality,” she said. “The disclosure would have a chilling effect on civilians’ and officers’ willingness to come forth and speak candidly.”
East Lansing police Capt. Juli Liebler said although her department would comply with the law if it were changed, it does not release internal investigation documents because they’re personnel information.
“Imagine that you did something wrong at work and that you were disciplined or counseled about it - you probably wouldn’t want that out in the public domain,” she said. “The idea behind discipline is to correct the action, not to ridicule someone or affect their reputation.”
