FOIA Update

On Friday, May 22, 2015, Judge Peter Flynn granted the Lodge’s Motion for a Preliminary Injunction in Aid of Arbitration, in Case No. 2014 CH 17454. As a result, the Court issued an Order (signed on May 27, 2015) prohibiting and enjoining the Department from releasing any Complaint Register Files (CR Files) more than four years old, in connection with any Freedom of Information Act requests, pending further order of the Court or the Appellate Court.

The Lodge is scheduled to participate in an Arbitration hearing on two grievances filed by the Lodge over the City’s refusal to comply with Section 8.4 of the parties’ Contract, captioned, “Use and Destruction of File Material,” which requires the destruction of “all disciplinary investigation files, disciplinary history card entries, Independent Police Review Authority and Internal Affairs Division disciplinary records, and any other disciplinary record or summary of such record…” five (5) years after the date of the incident. Arbitrator George Roumell will hear the matter on June 23, 2015.

Judge Flynn issued a similar Order on December 19, 2014, enjoining the Department from releasing Lists, more than four years old, containing information dating back to 1967, and consisting of the names and complaint histories of current and former sworn Department members, including their date of appointment, complaint category, complaint number, incident date, complaint date, closed date, final finding of the investigation, and any action taken. The December 19, 2014 Order is currently on appeal.