The Vermont Legislature has some work to do…

As this decision makes clear, Vermont FOI law provides no right of access to law enforcement investigative records — even after the case is closed! That’s a wee problem, folks…

The Vermont Supreme Court on Friday granted a partial victory to the Rutland Herald in the newspaper’s effort to get access to records concerning allegations that Rutland city employees viewed pornography at work.

The justices issued the second decision in as many weeks in the Herald’s access-to-records fights. It said the paper can get access to disciplinary records stemming from the investigation of city public works employees, but the names of the workers will be blacked out.

But it barred similar access to a probe of city police department employees. The court ruled those records were exempt from disclosure because they were linked to the detection and investigation of crimes.

At the same time, the court suggested the Legislature re-examine the exemptions from disclosure under the Vermont public records law to see whether some criteria could be set up to make police investigative records public.

Robert Hemley, a Burlington-based lawyer who frequently works on First Amendment cases and represented the Herald, said the court re-emphasized that under Vermont law as currently written, there is no public access to records relating to police investigations of specific crimes — even when the case is over.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: