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Author
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Topic: Open Records
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Tom Wheeler
Member
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posted 05-04-2004 07:34 AM
 
I'm a LEO examiner in Georgia. The question has been raised about polygraph records, reports, etc. being available after an Open Records request. We have found that I.A. files are fair game after the case has been closed for 10 days. Anyone have any current information about the exam file being available?IP: Logged |
Barry C
Member
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posted 05-04-2004 07:42 AM
Are you talking about criminal or pre-employment tests? There is probably a difference. What's in the exam file? If your pre-employment exam files contain medical information (and they should, unless you keep that info in a different file), then the file is confidential (under ADA).You must have a statute(s) in Georgia that spells out what is and what is not confidential; otherwise, I doubt you'd be releasing IA files. (Here in Maine, pre-employment exams are - for the most part - confidential. I always assumed that was the norm. Now I'm curious to see if that is the case elsewhere.) IP: Logged |
Tom Wheeler
Member
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posted 05-04-2004 03:34 PM
What I had in mind were criminal and / or internal affairs cases. Our open records act spells out almost everything but doesn't mention polygraph files. I've heard both sides of the debate but nobody has been able to give a positive answer with any authority.We don't give out any maedical information on any case, but, I have been forced to open some old I.A. files.IP: Logged |
J.B. McCloughan
Administrator
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posted 05-04-2004 07:43 PM
Look to see if your state’s FOIA includes an exception for investigative techniques. If the disclosure of those files might hamper future investigations, because the revealing of investigative techniques as is the polygraph, then this exception is valid. Also, some state laws, like mine, prevent the release of polygraph results to a third party. I have dealt with these issues in the past successfully and would be glad to aid you in any way possible. IP: Logged |
Barry C
Member
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posted 05-05-2004 12:31 PM
If it's really a debated question, ask your AG to give you an opinion. In some states he or she can render a decision that has the force of law.IP: Logged |
Tom Wheeler
Member
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posted 05-06-2004 12:55 PM
The Ga. OPen Records Act contains several paragraphs about things which are exempt. This paragraph is the most appropriate for my question. I was just wondering if anyone knew of a successful refusal to disclose.5) "Records that consist of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged." Thanks for your help
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J.B. McCloughan
Administrator
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posted 05-07-2004 11:36 AM
I would think that if the polygraph exam were protected as a confidential examination, by state law, past judicial rulings, or some other legal means, then this section of the Georgia Open Records Act would apply. Depending how that section reads verbatim, the record might only be protected up to the completion of the investigation and final dispositions. However, this does not protect the criminal polygraph exam. Do you have a statue/code on polygraph? I searched for it under Georgia State Code and the only one I could find was repealed, Board of Polygraph Examiners. If there are no current licensing laws and governing rules, which should include a confidentiality section, I would seek lobbying to have a law introduced. Michigan has a quite comprehensive polygraph law and you can view it at the following link: http://www.michiganlegislature.org/mileg.asp?page=getObject& objName=mcl-Act-295-of-1972&queryid=1328677&highlight= As stated earlier by Barry, an Attorney General’s opinion can help clarify many vague or gray areas within a law. However, I am unaware of an AG adding anything other than their opinion as to what the legislators’ intent was by the wording of the law in question. J.B. [This message has been edited by J.B. McCloughan (edited 05-07-2004).] IP: Logged | |
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