Dealing with the media: Walking the minefield in a time of access reporting
Many law enforcement agencies struggle with their relationship with local media. A multitude of factors has exacerbated the problem including the 24-hour news cycle, online media outlets thirsty for constant content and, most notably, the Open Public Records Act( OPRA) along with the lesser-known common law right to access. Unfortunately, too many public officials are learning through trial and error, and taking their lumps along the way.
When a police executive or designated public information officer( PIO) assumes his or her position with the belief that the custodian of records( commonly the municipal clerk) is the person responsible, trouble is likely to follow. Walking the minefield of today’ s public information responsibilities can be a daunting task. There are some simple steps that can be taken to lessen the stress and the burden of the process.
First and foremost, there must be recognition that the top official of the police department, most commonly the chief of police, is responsible for the security and appropriate release of police records. Those who doubt that premise only need look at the obvious. The designated civilian“ custodian of records” for the municipality cannot have unfettered access to otherwise confidential police records. When an OPRA or a common law right to access request is submitted for police records, it is the designated police official who will bear the responsibility to determine what exactly can or can’ t be released consistent with statutory law, common law and / or executive order.
Of course, legal counsel will be needed from time to time as well. The police official ultimately will account for the appropriate redactions and / or denial justification( s), before the records are properly forwarded and released by the designated custodian of records for the municipality. Understanding the Government Records Council( GRC) rulings, OPRA under New Jersey Statutes Annotated( NJSA) 47:1A-1 et seq., relevant court rulings regarding OPRA, executive orders and the common law right to access court rulings can bring some sense of calm to an otherwise chaotic topic.
The media has significantly changed over the past decade. The same 24-hour news cycle, online media outlets etc. that have caused such a shift in how law enforcement officials view and deal with the media, also have created an interesting phenomenon that can lessen the stress and burden experienced. That phenomenon is the notable shift toward“ access reporting” as opposed to“ investigative reporting” by journalists. A savvy chief executive or PIO should quickly recognize the paradigm shift and how the employment of an appropriate strategy can help tremendously.
The media of today needs significant content in a very timely manner to remain relevant and competitive in the industry. Content, and a lot of it, has become more valuable than a detailed and comprehensive investigative story that is developed over time. Any story more than a week old is often considered old news or stale under the current public standards. In short,
24 NEW JERSEY COPS ■ AUGUST 2016 the media needs content – and needs it quickly – from law enforcement officials. That need could allow for a more cooperative relationship, if handled properly.
The emphasis on access reporting and the noticeable decline in aggressive and intrusive investigative reporting will lessen the burden for law enforcement officials if handled appropriately. This kind of handling means spoon-feeding the media machine through limited yet timely press releases consistent with law. A quick review of NJSA 47:1A-3b, as codified from the content of the long standing Executive Order 69, reveals that certain“... information concerning a criminal investigation shall be available to the public within 24 hours, or as soon as practicable, of a request for such information.”
While the active criminal investigation and criminal investigatory record exceptions to OPRA are very helpful, the fact remains that significant information must be released upon request as well. It is a very helpful and recommended practice to provide the local media with timely information consistent with a reasonable portion of what is required in the aforementioned part of the law. This practice is best executed by producing and releasing a weekly police blotter. Basic information regarding arrests and significant incidents as carefully and cautiously crafted by a police official can be released in a general and consistent manner via email and / or posting on a department website. This approach effectively feeds the local media machine and helps maintain a positive and cooperative relationship. The media representatives gain the content they so desperately need without having to file burdensome OPRA requests. Anything requested thereafter that appears objectionable and outside of the specific information required under NJSA 47:1A-3b can be handled as an OPRA request and, if necessary, the seven-business-day provision can be appropriately utilized before the response is provided.
If the relationship with the local media becomes unnecessarily tenuous, the chief executive can simply revert back to not openly releasing the information and requiring specific media requests be filed. Clearly, that approach is very frustrating for the access driven media. The court has ruled that OPRA does not require the creation of a record such as a police blotter; therefore, law enforcement officials should not be intimidated by OPRA, the common law right to access or the media, in this respect. Systematically feeding the machine with legitimate but limited information consistent with the law makes walking the minefield much easier. If the relationship with the media goes askew, a period of requiring the submission of requests will likely bring the relationship back to center rather quickly. d
Dr. David A. Paprota is a the Chief of Police in Lacey Township, a member of PBA Local 238 and the Executive Director of Critical Concepts and Strategies( CCS), an entry-level exam preparation company. For more information, visit www. ccstest. com or email info @ ccstest. com.