Blanas blares back

So here's the email I got from the sheriff's spokesperson:

I have sent you the email message that I sent the SN&R Magazine regarding the story you read. As you can see I replied to the magazine within a time frame allowed according to the California Public Request Act. My answers are in blue under each question. If you have questions I am always available to talk, please contact me at my office. I would be happy to provide you with answers you might have surrounding the concerns we have with factual reporting in Sacramento’s only local newspaper. Please give us the opportunity to respond to you directly. We reply to all media inquires that are made verbally or in writing. I will attach a copy of the Sheriff’s Media Policy for your review.

Very Truly Yours,

Sgt. R.L. Davis, Sheriff’s Spokesman

Here are the answers to the SN&R questions (I bet the reporter didn't know that the sheriff's office is forwarding his email around. As you can see, he sent out the questions wednesday at noon for a friday deadline. This doesn't give them much time to answer yet he spun it like they were deliberately not responding. On the other hand, the spokesperson responded to me within hours so maybe they were dragging their feet on purpose. No way to know. Also, note the not-so-subtle insult when they say that journalism should be based on facts, not sensationalism):

From: Jeffrey Barker [mailto:jeffreyb@newsreview.com] Sent: Wednesday, November 09, 2005 12:16 PMTo: Davis, RobertSubject: questions for news story

Sgt. Davis:I have some questions for a news story I am working on. My deadline is Friday morning. I'd appreciate a response by then. I'd prefer to speak by phone and would welcome your telephone call (the only reason I am e-mailing now instead of calling you is that I just got back from a two-hour trip to the dentist and my mouth is numb. Ugh.). Thank you so much. Questions follow.
What is the policy for responding to media inquiries from the Sacramento News & Review?

The media office will respond to verbal or written requests from identified employees of your organization (press credentials).

What is the policy for responding to media inquiries from The Sacramento Bee?

The same

When were these policies put into effect?

We have always had these policies.

Are the policies written down anywhere? If so, where?

See attachment

Who originated the policies?

Our policy is based on the Government Code

Are there policies regarding how the Sheriff's Department Media Bureau deals with other members of the media, i.e. television and radio reporters?

See attachment

Has the department's legal staff reviewed the policy regarding the Bee or SN&R to determine its legality?

The policy for the SN&R magazine is the same as all of the media.

Are there specific, factual errors in stories published by either the Bee or the News & Review that prompted these policies? If so, what are they?

Our policy is very clear and if we have any problems with either organization we will ask for a retraction/correction. If further steps needed to be taken we would contact the organization’s management.

Does Sheriff Lou Blanas believe that he, as a public official, and his department, as a public agency, have a duty to remain open and accountable to the public which he and the department serve?

We are a transparent organization and we do feel that it is important to be accountable to the public, just like we feel it’s important for journalism to be based on facts, not sensationalism.

Does Sheriff Blanas believe the media-contact policies with the Bee and SN&R help or hinder that kind of openness and accountability?

We have an open policy with the media and will continue to do so.

And for a really exciting read, here's the official media policy:



news media policy and procedures

the purpose of this general order is to define policy and procedures regarding news media relations.

i. general

a. policy

this department recognizes its obligation to provide accurate and timely information to the public regarding law enforcement activities.

the policy of this department shall be to permit free access by recognized news media representatives to all public areas under the control of sheriff's personnel whenever possible. news media representatives are those persons who identify themselves as such through the use of press credentials, media business cards, agency credentials or other documentation which establish their primary purpose to be gathering news.

b. access

watch commanders or other officers in charge of an operation shall permit members of the news media access to the scene and shall not prevent the photographing of the scene, Sheriff's personnel, or the operation.

c. restriction of news media access

the media may be controlled and/or restricted during the conduct of departmental operations when the media may be expected to cause:

1. contamination of the crime scene;

2. injury or death to another person (this restriction shall not apply to authorized press personnel who have been advised of potential danger to themselves, and whose presence does not increase the hazard to others); or

3. interference with essential movements or actions of law enforcement or other emergency personnel.

the presence and identity of news media representatives may be recorded and/or escorted at the discretion of the scene commander where it appears reasonably necessary to maintain site/area/situation security and/or protect the property of another.

ii. responsibilities

a. public information and communication is a basic responsibility of management personnel.

b. the authority to respond to a media inquiry may be delegated directly by the office of information or operationally within the service areas through the chain of command.

c. the department member, rank notwithstanding, who is most familiar with an investigation, crime, or incident should be designated to respond to media inquiries and shall advise the office of information. when this is not practical, the immediate supervisor or superior should respond after being fully informed by knowledgeable subordinates.

d. under no circumstances will any employee be compelled to respond to the media. each employee or supervisor shall assess the particular inquiry and direct the reporter to the appropriate individual.

e. in situations where a media inquiry has been received and is not connected to an immediate and on-going situation in the field, response to the media representative may be made only after clearance from the public information officer, his/her designee, or the service area chief deputy. this section does not preclude advance delegation of authority to spokespersons.

f. comments to the media regarding any investigation being conducted by the internal investigations unit, litigation involving department employees, and investigations conducted by other agencies regarding department employees is prohibited. such information may be provided to the media only by the sheriff, undersheriff, or a designated representative.

g. any employee or service area wishing to make a press release or secure media coverage of a particular event shall coordinate the announcement or notification through the office of information.

h. no comments shall be made regarding any case that has been referred to the district attorney's office for prosecution/evaluation. no comments shall be made regarding cases being actively investigated by other police agencies. official comments shall be the exclusive purview of the lead agency having responsibility for the conduct/prosecution of the case.
i. problems with news media personnel shall be reported through the chain of command to the public information officer.

iii. notification

a. major incidents

in major incidents the on-duty patrol watch commander shall direct and ensure that the on-duty communications bureau supervisor notifies the undersheriff and the media information officer. when no watch commander is on duty, notification direction shall be assumed by the responsible patrol supervisor. a major incident is a potential or actual disaster, a situation requiring the commitment of a large number of officers, the arrest of a known public figure or celebrity, or any other event likely to attract news media either at that time or during the following day.

the media information officer shall respond to the scene and assist the on scene commander in providing liaison with news media present. the information officer shall prepare general press releases for other media who are not at the scene as appropriate.

b. media releases

personnel responding to media inquiries and/or making press releases, shall advise the office of information verbally or in writing by the next regular business day.

iv. report access

a. arrest reports

during non-business hours, the media shall have access to copies of arrest reports kept on file in the main jail classification/booking area. copies of arrest reports are not considered "on file" until the completion of the entire booking process. during regular department business hours copies of arrest reports shall be available at the office of information.

b. offense reports

face sheet copies of offense reports (7401 form 012) shall be made available by the records section for media review at the front counter of the sheriff's headquarters building. sensitive information protected by law shall be obliterated if not already excluded by the use of the "victim address deletion form."

c. other reports or contents thereof shall not be released to the media except through the office of information.
v. guidelines for the release of information

when authorized to provide information to the news media, the following guidelines shall apply:

a. information which may be released

1. facts and circumstances of the arrest

(a) time and place
(b) resistance put up by the suspect
(c) pursuit necessary to apprehend
(d) use of weapons by officer or suspect

2. identification of investigating and arresting officers and length of investigation.

3. limited description of evidence seized (do not make any references to confessions, admissions, or statements).

4. disclose the nature, substance, text of charge (can include a brief description of the offense charged).

5. quote from or refer to public records of the court in the case without personal comment.

6. schedule or result of any stage of the judicial process.

7. any request for assistance from the public to obtain evidence.

8. the identity of victim or complainant if the release of that information is not otherwise prohibited by law (no release of victim identity may be made if the crime is defined in the penal code or covers sections 261, 264, 264.1, 273a, 273d, 286, 288a, or 289).

b. do not release

1. prior to the arrest, do not release the identity of the suspect.

2. prior to arrest, do not release the results of investigative procedures.


3. can release above items 1 and 2, if:

(a) will aid in the investigation
(b) assist in the apprehension of the suspect
(c) will warn the public of danger

4. prior criminal record, reputation, or character (can release name, age, residence, occupation, and family status).

5. identity or any personal information of a juvenile arrestee or suspect.

6. existence or contents of any confession or statement given by the suspect or the refusal to make a statement.

7. give an opinion about the possibility of a plea of guilty to offense charged or a lesser offense or other disposition.

8. performance of any examinations or tests, or the suspect's refusal to or failure to submit to an examination or test.

9. any photographs or mug shots except:

(a) if release will aid in arrest of suspect
(b) aid in the investigation
(c) warn the public of danger

10. the identity, testimony, or credibility of prospective witnesses.

11. any personal opinion concerning the suspect's guilt, innocence, or merits of the case.

12. any information which would be known to be inadmissible in court.

13. do not move or pose suspects solely for the purpose of allowing photographs or news film to be taken. however, do not prevent photographers from taking unposed pictures in public places.

14. references to investigative procedures such as fingerprints, polygraph tests, ballistic tests, or laboratory tests.