Sheriff to stop limiting records access
Go to
Charleston.net/foia to read the state law
Previous Story
Police might be violating open record laws, published 11/23/08
The Beaufort County sheriff says he'll give the media reasonable access to crime reports on weekends and holidays after the South Carolina Attorney General's office said limiting access to weekdays violated the state's open records law.
The Island Packet of Hilton Head and The Beaufort Gazette had objected to a new policy Beaufort County Sheriff P.J. Tanner adopted in November that blocked the media from looking at reports on weekends and holidays when administrative office are closed. Reports are processed by administrative staff who work Monday through Friday, Tanner said.
In response to the newspapers' objections, Tanner requested an opinion from the state Attorney General.
That opinion, which was released Tuesday, stated that the state's Freedom of Information Act requires reasonable access to incident reports at night, on weekends and during holidays.
The Charleston area has its own struggles with information on crime reports.
The Post and Courier last month objected to the Charleston Police Department blocking names, addresses, phone numbers and other important details from crime reports, after years of releasing the reports in their entirety.
Attorneys from the South Carolina Press Association said the practice violated the state's open records laws. Such action makes it difficult to help people make informed decisions about safety in their communities and how law enforcement uses their tax money.
Since the dispute, police have stopped using such a heavy hand in redacting information from incident reports. In some instances however, they have continued to omit information that press association lawyers say the public is entitled to.
At the Folly Beach Public Safety Department, officials said because of an employee being off for the holidays, the office will have no police reports for the media for the rest of the week.
Tanner said Wednesday that because Beaufort County crime reports are processed Monday through Friday, the media wasn't getting much new information by looking through reports on the weekends.
Only the front page of new reports was available, which contained the most basic information on a case, he said. Reports also were available on cases that had been cleared by an arrest, an exception or those that were determined to be unfounded.
But he said he plans to comply with the opinion, which isn't legally binding, by allowing the media to contact an officer who is on duty on the weekend and to make arrangements to review reports.
He's willing to provide reasonable access to reports, he said, but the officer's law enforcement work comes first.
"He's not going to stop working a traffic wreck to let a reporter in to look at reports," Tanner said.
The Associated Press contributed to this report. Reach Diane Knich at 937-5491 or dknich@postandcourier.com.
Notice about comments:
The Post and Courier is pleased to offer readers the ability to comment on stories. We expect our readers to engage in lively, yet civil discourse. The Post and Courier does not edit user submitted statements and we cannot promise that readers will not occasionally find offensive or inaccurate comments posted in the comments area. Responsibility for the statements posted lies with the person submitting the comment, not postandcourier.com. If you find a comment that is objectionable, please click "suggest removal" and we will review it for possible removal. Please be reminded, however, that in accordance with our Terms of Use and federal law, we are under no obligation to remove any third party comments posted on our Web site.
Full terms and conditions can be read here.
Comments
This article has 5 comment(s)

Posted by oldglory on December 25, 2008 at 9:27 a.m. (Suggest removal)
See Sheriff Tanner, when you are quoted as saying, "He's willing to provide reasonable access to reports, he said, but the officer's law enforcement work comes first," that you still have an attitude problem with keeping THE PUBLIC informed. It's as though you still plan to find a way to prevent this information from being made available to the general public (the people who pay your salary and whom you claim you are protecting). We the public do know the police officer's/deputy sheriff's/sheriff's law enforcement work comes first.
You were so certain that you were right that you requested the state Attorney General to render an opinion. You got that opinion from the state AG, and you were not right. Please now comply with the state law in order that the public might know of what to be aware in order to remain safe.
Congratulations P&C, your objection was righteous, and you won!
Posted by Tides on December 25, 2008 at 10:47 a.m. (Suggest removal)
Why is there no law in place to punish these violators, aside from civil suits?
The Charleston City Police Dept is just as bad as the rest, if not worst, with abiding by and obeying the laws already. What gives law enforcement the right to spit on the law?
Posted by geekboy on December 25, 2008 at 12:32 p.m. (Suggest removal)
"What gives law enforcement the right to spit on the law?"
The guns they all carry?
jk
Posted by wucherer on December 25, 2008 at 1:20 p.m. (Suggest removal)
Police are criminals with badges, hypocrites behind the badges. We as citizens should not break the law, speed and do other illegal things but it's okey for the law legally. It's a double standard in society and lady liberty is blindfolded for a reason.
Posted by woody00438 on December 26, 2008 at 8:07 p.m. (Suggest removal)
There are laws on the books concerning the S.C. Freedom of Information Act. Failure to respond to a FOIA request is a 30 day misdomeanor tried in magistrates/municipal court for a first offense. (SC 30-4-30 & 30-4-110 [www.scstatehouse.net])
Good luck trying to get someone to investigate an alleged violation by a law enforcement agency or agency offical. The good ole' boy system is in full effect!