Tuesday, September 23, 2014

Public Records and Where to Find Them

Journalism 1
Assignment: Public Records Search

As a reporter, it’s your job to monitor the activities of government and part of that job is accessing public records. Journalists have the right to cover trials, attend meetings and examine public documents. This right is often referred to as freedom of information (FOI) or described as the public’s right to know. But it’s a right that is often tested and contested. To get an idea of the state of access to public records in your community, this assignment will have you engaging in a routine public records request at the police station.

When accessing public records from any agency, you should always be professional, polite and respectful. If you find yourself nose-to-nose with a government employee (cops, clerks, etc.) who tells you public records are off limits, remember, and politely remind him, that the government’s business is the people’s business. In most cases it is against the law to keep the public’s records from the public. That said, there are exceptions to the rule. Some documents are excluded from the public. Attached is the pocket guide to the California Public Records Act, which outlines Freedom of Information (FOI) rights and restrictions in the state of California.

For your assignment this week, do the following:

Ø  Visit any local police station of your choice. Keep your pocket guide (attached) with you and handy.

Ø  Explain that you are a journalism student on a public records search and you’d like to look at the police “blotter.” Different stations may have a different name for the blotter, but basically it is the log in which all calls to the police are recorded. Sometimes it’s called the watch commander’s log. You’re after the information that lists the time and circumstance of calls to police; name and details of arrests; warrants; charges; hearing dates, etc. It is itemized on the FOI handout attached.

Ø  Once you get access to the records, review the list. Get a photo copy if they offer it (Some stations may charge you. Don’t feel that you have to get a copy if it costs you money.) or take notes on some of the more interesting calls. Which you choose is totally up to you. You can take notes on calls that took place near your work or home or where you walk your dog. What you choose is up to you.

Ø  Be sure to take complete notes on four of the entries (Again, if you can photo copy some pages for free, great! Saves you note-taking time.)

Ø  Write a 1- to 2-page paper that describes where and when you went and what happened. Include the four incidents you chose to take notes on (or the photo copy if you got one) and explain why you chose those four incidents.

*** In the event that you are stonewalled and the police officer you talk to refuses to let you see the log, you MUST get his or her name, badge number and the phone number at the station. This information is mandatory, as I will be contacting either the officer in question or the Public Information Officer (PIO) for that agency or the city attorney to discuss the instance of non-compliance.

Remember: It is important to be polite at all times to all the people at the police station. Hostility or a confrontational attitude does not work! There is an old African proverb that says the best way to get what you want is to speak softly and carry a big stick. So speak softly and kindly and know that your big stick is the law, which you have tucked in your back pocket.

Where to find public records
Here is a quick guide to document searching, including what you are entitled to and where to find it. Remember, it is against the law for a government functionary to deny access to records that are public. 

City Hall
-building permits
-garage sale permits
-business permits
-animal licenses
-police blotters
-records of arrest
-zoning information
-some utility bills (not always available here, but worth trying)
-city hall campaign financing records
-statements of economic interest
-brush-clearance actions (useful to determine ownership or interest in property)
-public library book fines (useful to determine residency)
-street list of inviduals over 17

County Courthouse
-voter registration records (available to candidate at registrar of voters, any committee for or against a proposed ballot measure, any person for election, scholarly, journalistic, or political purpose, or for governmental purposes)
-property tax records at assessors office
-civil documents (relating to a legal complaint between two or more parties)
-small claims, municipal, and superior court files. small claims limit of $7,500 dispute between individuals. often useful to explore neighborhood problems, bill collection, false product claims etc. files relating to divorce cases are found here.
-some criminal and traffic material
-coroner records
-fictitious names filings (useful record of names used to conduct business)
-statements of economic interest
-some marriage licenses
-vital records (birth, death, marriage, divorce, adoption, paternity, and much more)

State Government
-incorporation papers       
-political contributions
-Uniform Commercial Code listings (national syncing rules relating to sales and commercial transactions)
-limited partnerships, limited liability companies, statements of economic interest and more business-related filings
-Department of Consumer Affairs (info from business licenses relating to nearly every profession that must be licensed)
-DMV, dept of Real Estate, Corporations, Insurance, National Guard
-Board of Equalization, which charged with tax assessment and fee collection. because taxes are of sometimes a hot button issue, good to know about
-Workers Comp Appeal Board
-State appeals courts
-LOTS more

Federal Government
-ALL records of U.S. District Courts
   a. civil cases
   b. criminal cases (under federal jurisdiction)
   c. bankruptcy cases (great background info when researching individuals)
   d. Naturalization Court
   e. Tax Court
   f. Postal Service box rental applications
-FAA records
-FCC licenses (for instance, all the radio licensing application info)
-Military records of soldiers, veterans, reservists
-Federal employees
-Veterans Administration (good to explore because veteran status is so often newsworthy)
-Library of Congress (and presidential libraries) 


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