The New York City Police Department has denied a public records request and subsequent appeal for its Freedom of Information handbook. <\/p>\n
Muckrock journalist Shawn Musgrave filed a records request under New Yorks Freedom of Information Law (FOIL) for the police departments FOIL handbook, the guide officers use to apply public record law. <\/p>\n
SEE ALSO: U.S. Navy mistakenly sends how-to memo on dodging FOIA requests <\/p>\n
However, the NYPD told Musgrave its Freedom of Information handbook is not covered by FOIL, arguing it is protected under attorney-client privilege. <\/p>\n
The NYPD said the information in the handbook reflects confidential communications between members of the FOIL unit and their attorneys in the context of the providing of legal advice concerning the meaning and requirements of the Freedom of Information Law. <\/p>\n
Journalists and transparency advocates who have long complained about the NYPDs culture of secrecy criticized the latest rejection. <\/p>\n
Whats ludicrous here is that the NYPD is refusing to be open about its own transparency process itself, Musgrave told the WashingtonFree Beacon. Even if attorney-client privilege applied hereand I dont believe that it does, not for the departments FOIL handbooks and manuals, at leastdepartment lawyers can absolutely choose to release this basic information. Even the FBI and NSA have released similar documents with minimal redactions. <\/p>\n
Robert Freeman, the executive director of the New York State Committee on Open Government, said that, while he has not seen the handbook, the NYPDs arguments are tenuous at best. <\/p>\n
Legal advice is something that can be accepted, rejected, or modified by the boss, Freeman said. When it is adopted by the decision maker, its no longer legal advice, it becomes the policy of the agency. There are any number of circumstances where similar kinds of documents have been made public via FOIL requests. <\/p>\n
Second, assuming that some of the content does not consist solely of legal advice but rather is reflective of police department policy, in my opinionagainthe privileges that were cited would not apply, Freeman continued. <\/p>\n
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NYPD denies Freedom of Information request for public records handbook<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" The New York City Police Department has denied a public records request and subsequent appeal for its Freedom of Information handbook. Muckrock journalist Shawn Musgrave filed a records request under New Yorks Freedom of Information Law (FOIL) for the police departments FOIL handbook, the guide officers use to apply public record law. SEE ALSO: U.S. Continue reading