Lansing Police deny records request on Capitol protests

In spite of ongoing criticism related to the March 16 response during protests at the state Capitol by Lansing police officers, the city has refused to release policies and internal emails about the incident and subsequent changes in police policy.

On March 16 thousands of protesters filled the front lawn of the Capitol to protest legislation that would interfere with bargaining and organizing rights. After the Capitol closed at 5:30, a group of protesters refused to leave the facility and some attempted to allow additional protesters into the building.

Police arrested all those who refused to leave and those who attempted to let additional protesters into the building. The LPD were dispatched to transport them to the Lansing city jail, but a short time later Lansing Police Chief Teresa Szymanski withdrew the officers as protesters surrounded four LPD cruisers parked on the north side of the Capitol. They did not transport those who were arrested, and Szymanski asserted repeatedly that the decision was based on her determination that things were under control.

However, a FOIA request response from the city released the radio traffic from the police officers that day and shows officers were calling for back up assistance at the time they were ordered to leave the Capitol.

The Michigan State Police were told by LPD that this was due to a new department policy against transporting anyone arrested for passive protesting, but no one on the city council knew anything of such a policy and the LPD liaison had said nothing to the MSP about this new policy when they were coordinating their response prior to the anticipated protests.

Seeking information about the development of that policy, Michigan Messenger filed a request under Michigan’s Freedom of Information Act on May 31. That request sought the following documents:

1. The LPD policy on arresting and/or participating in arresting protesters at the Capitol during mutual aide responses.
2. The LPD policy on lodging arrestees in the Lansing Police “lock up” commonly referred to as jail.
3. Any and all drafts of the above mentioned policies created by city of Lansing employees, including but not limited to police officers and command, city attorneys and civilian oversight personnel.
4. Any emails discussing these policies and their development in from January 1, 2011 to April 1, 2011.
5. Any orders, memos or other communications distributed to Lansing Police officers and officials outlining these policies prior to and including the date March 16 2011.
6. Any orders, memos or other communications distributed to Lansing Police officers and officials outlining these policies after March 16 2011.

This request was denied by the city of Lansing. Request items 1, 2 and 4 were denied under on the grounds that releasing information on police procedures might endanger public safety. The exemption requires the public body, in this case the city, to weigh the public interest in disclosure before denying or releasing documents that fall under this exemption. In a letter dated June 22 and signed by Assistant City Attorney Don Kulhanek, the city claimed the release of the three procedures and two emails identified as responsive to Messenger’s request would “prejudice the City’s ability to protect public safety, because disclosure would allow persons to predict in advance the likely deployment (or non-deployment) of law enforcement officers in response to an event.”

Between the time that this FOIA request was submitted and the time the denial was received, however, Szymanski was called before the Public Safety Committee of the Lansing City Council to answer questions about this new policy. She told the committee that there was no written policy, there was only “a new chief” and this was her personal policy.

Nonetheless, the city of Lansing has now refused to turn over any information about the policy or any communications about the policy or the events that took place March 16.

City Attorney Brigham Smith, Szymanski and Randy Hannan, deputy chief of staff for Mayor Virg Bernero, all failed to respond to written inquiries about this case.

The denial has raised serious concerns from state lawmakers and city council members.

“I don’t believe a denial is in the public’s best interests,” said Carol Wood, a Lansing city councilmember who chairs the body’s Public Safety Committee. She noted that the chief has already publicly stated what LPD response policies for arresting protesters in public meetings and in statements to the media. She also noted the city regularly runs a “citizen’s police academy” which informs residents about policies and procedures of the police department.

Wood says when the Public Safety Committee completes its work on a new medical marijuana dispensary ordinance, she will turn her attention to the policies and the FOIA denial as official business of the committee.

State lawmakers are also expressing concerns.

In a press statement from Ari Adler, spokesperson for House Speaker Jase Bolger (R-Marshall) who has criticized the actions of the LPD since March 17, the Speaker declined to comment on the FOIA response, but did comment on the policy questions in play.

The Speaker’s position on this entire incident remains unchanged. The primary focus in all of this needs to remain on the safety of the public and the safety of the police officers, regardless of whether they are wearing a state, county or city uniform. To make any decision regarding public safety or the safety of law enforcement officials based on political persuasions is inappropriate.

In addition to Bolger’s statement, Rep. Tom McMillin (R-Rochester) said the denial pointed to a need to revisit the state’s FOIA law. He has already held a hearing on updating the state’s FOIA law in the committee he chairs, the House Oversight, Reforms and Ethics Committee.

“The more subjective the decision by government to determine whether the public interest in disclosure ‘outweighs’ the public interest in nondisclosure, the less the public will see. We need to try to ensure as best as possible that the fox is not guarding the hen house. It seems the request made for information on policies about how those arrested are dealt with is reasonable and to deny letting the public know those policies is unreasonable,” said McMillin in an email to Messenger. “I agree that the legislature needs to look more closely at the discretion given to government bodies in determining where light should and should not shine on government operations. I expect my committee will take this matter and other FOIA related matters up this session.”