Enid officials won't identify two police officers placed on administrative leave because of homicide investigation

Enid officials won't tell the public which two police officers are under investigation because of how a homicide investigation was handled, the Enid News & Eagle and The Oklahoman reported this week.

The two officers are on paid administrative leave, the newspapers reported.

The News & Eagle noted that the public statement it received from police officials said the officers were “suspended with pay.”

The public might never know the names of the officers.

A recent attorney general opinion said a public agency may keep secret the names of employees placed on paid administrative leave if, under the agency’s personnel policies, that action doesn’t constitute “a ‘final’ or ‘disciplinary’ action, nor a ‘final disciplinary action resulting in loss of pay, suspension, demotion, or termination.’” (2009 OK AG 33)

The opinion came about after Oklahoma City officials refused to identify an employee placed on paid administrative leave during an investigation into the possible misuse of a federal grant.

Attorney General Drew Edmondson said once the investigation is complete and a final disciplinary action occurs, “the record(s) indicating that action must be must be available for public inspection and copying."

The Oklahoma Open Records Act makes public "any final disciplinary action resulting in loss of pay, suspension, demotion of position, or termination." (OKLA. STAT. tit. 51, § 24.A(7))

It permits, but does not require, public bodies to keep confidential the personnel records related to "internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation."

Enid police Capt. Jack Morris told The Oklahoman, "There is no disciplinary action taking place, and this is normal protocol.”

The News & Eagle reported that Enid City Attorney Andrea Chism disavowed any connection to the press release and called the use of the word suspension unfortunate.

According to both newspapers, the Oklahoma State Bureau of Investigation will conduct a criminal investigation into the officers' actions. An administrative investigation by the police department would follow.

“I’m not releasing the names until a decision is made on criminal actions or disciplinary action requiring the release of open records,” Enid Police Chief Rick West told the News & Eagle.

Update: "Attorney for Grassino, Nichols comes forward with identities," Enid News & Eagle, Dec. 22, 2009.

Joey Senat, Ph.D.
Associate Professor
OSU School of Journalism

Cleveland Co. DA refuses to disclose names of 20 people arrested on drug complaints a week earlier

Cleveland County District Attorney Greg Mashburn says he would be endangering the lives of people arrested Dec. 11 on drug complaints if he were to disclose their names to the public, The Norman Transcript reported today.

Mashburn told the newspaper he could not release the names of those arrested because some might not be charged in District Court.

"I will be putting lives in danger," he said.

The article doesn't provide Mashburn's reasoning for that claim.

The Oklahoma Open Records Act, however, explicitly requires law enforcement agencies to disclose the information.

"A. Law enforcement agencies shall make available for public inspection, if kept, the following records:

1. An arrestee description, including the name, date of birth, address, race, sex, physical description, and occupation of the arrestee;

2. Facts concerning the arrest, including the cause of arrest and the name of the arresting officer;

3. A chronological list of all incidents, including initial offense report information showing the offense, date, time, general location, officer, and a brief summary of what occurred;

8. Jail registers, including jail blotter data or jail booking information recorded on persons at the time of incarceration showing the name of each prisoner with the date and cause of commitment, the authority committing the prisoner, whether committed for a criminal offense, a description of the prisoner, and the date or manner of discharge or escape of the prisoner." (Okla. Stat. tit. 51, § 24A.8(A))

The newspaper said 10 people were believed to have been booked into the McClain County Jail and seven into the Cleveland County Detention Center. The whereabouts of the other three was unclear, the newspaper said.

Disclosing the names of people arrested serves to protect them. As several FOI Oklahoma members have noted regarding the story, we don't live in a state in which local authorities may arrest and incarcerate people in secret.

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism