“It doesn’t take a majority to win, just a tireless minority that will keep starting brush fires in the mind and hearts of their fellow men.”

Samuel Adams

Thursday, June 21, 2018

It Is a Matter of FOIA and the LAW

Peru Police Chief Douglas Bernabei does it again. Remember when Officer Buffo spoke up at a SSLOP meeting about IVRD 911 and then a few days later this PR piece appeared in the News Tribune saying how the dispatchers foiled a Facebook scam. Well, at the time I questioned the accuracy of the article and Bernabei's account of the events so I sent a FOIA request to the Peru Police for the incident report, CAD, etc. This request was denied by Bernabei claiming it was on ongoing investigation. Bernabei denied the request because he didn't want me fact checking his News Tribune PR piece. Here is what happens:
May 30, 2018 a lady reports to the Peru Police Department that she sent $3,000 to Florida as a result of a Facebook request and now she believes she was scammed. The complaint is investigated by Peru Police Officer Damron not IVRD as Bernabei claims in the article. Damron asks IVRD dispatcher Sienkiewicz to submit a request to the post office to stop the package. Presumably because IVRD has internet access. Package is tracked and is going to be returned. No further investigation or activity.
June 4, 2018 Victim came into the Peru Police Department to say that she received her money back and thank the officers. From May 30-June 4 no further investigation is done.
June 4, 2018 Douglas Bernabei provides the News Tribune with the "details" of this foiled scam.
June 5, 2018 article appears in the News Tribune the facts of which seem odd since dispatchers don't investigate crimes.
June 5, 2018 I send a FOIA to the Peru Police Dept for the incident report and other documents.
June 6, 2018, after receiving my FOIA request and more than a week after the initial complaint came into the department, Bernabei transfers the case to a detective for him to review.
June 6, 2018, I receive a denial of my FOIA request saying it's an active investigation.
June 7, 2018, I send a complaint to the Attorney General's Office as a result of the Peru Police Department's denial of my FOIA request.
June 18, 2018, Attorney General sends letter to Peru Police Department via email regarding my FOIA complaint. The AG's letter asks for explanation for the denial of my request because a pending prosecution or active investigation is not a valid reason to deny a FOIA.
June 19, 2018, after the AG's scathing letter and 13 days after the case was assigned to a detective, a peru detective makes a few calls to some post masters and then says no further leads, case closed. Mind you this detective did no work on this case from June 6-June 19.
June 19, 2018, I receive a response to my FOIA request and an email saying that the case was closed 6/19/18 as no further leads and here are your records.
It is clear from this timeline, that the Peru Police Department opened an investigation for the sole purpose of denying my FOIA request because the documents produced in response to the FOIA clearly show that Chief Bernabei misrepresented to the News Tribune the actual facts of this incident. After receiving a letter from the Attorney General's Office which clearly tells PPD that even an active investigation doesn't negate my being entitled to the documents pursuant to FOIA then and only then does Bernabei admit defeat and give me the documents.
It is disgusting that Bernabei gives IVRD all the credit with no mention of the police officer or detective.
A Chief of Police lying to a News Paper and the public and intentionally denying FOIA requests should be grounds for immediate termination. ...Julie Ajster.



1 comment:

Anonymous said...

Honesty is government is always a work in progress but lets home improvement is coming.