Louisville Metro Police Department leaders used the automated message deletion app Signal to erase electronic paper traces of their communications and, consciously or unconsciously, to avoid open records laws and public accountability. ” is a further reminder that: The deeply entrenched culture of secrecy and dysfunction in public institutions is nearly impossible to eradicate.
This is particularly alarming when viewed in the context of law enforcement, which has come under intense scrutiny both internally and externally and ultimately identified a lack of transparency and accountability as a key cause of dysfunction. That’s it.
Last year, the Louisville Metro Council filed a lawsuit against the Louisville Metro Police Department “following a lawsuit filed by the 490 Project, a nonprofit police accountability organization, alleging the department dismissed complaints against officers in violation of the Kentucky Open.” An administrative audit was ordered. Recording method. ” The audit, completed in September 2023, did not find that LMPD was using Signal to automatically delete messages exchanged by commanders.
Just as the charges against the officers that led to the 490 Project lawsuit were prematurely thrown out, the complaints, which state law requires officers to keep for five years after they leave the force, are being used by LMPD leaders. The same goes for “routine” hard copy and electronic communications exchanged by a commander. Pursuant to legally binding records management laws, materials related to the business and its general operations must be retained for two years. LMPD simply ignored these legal obligations, thereby impeding public oversight.
“LMPD officers used an app to automatically delete messages, which could be a crime,” reporter Josh Wood wrote in a recent article.
“Under Kentucky law, a public agency employee who intentionally conceals or destroys records to evade public records laws is guilty of a Class A misdemeanor for each violation, punishable by up to 12 months in prison.
“Separate law makes tampering with a public document, the act of intentionally destroying or impairing the availability of a public document, a Class D felony punishable by one to five years in prison. ”
This illegal activity might have gone undetected if Louisville Metro had not denied the newspaper’s public records request for “all messages sent in the LMPD ‘Commander Group Chat’ mentioned in the article.” I don’t know. [the leaked recording of a May 22 command staff meeting] Starting May 17th. ”
“That message comes at a critical time for LMPD, as the department deals with the controversial and tarnished image of the world’s No. 1 golfer, Scotty Scheffler, and the sexual misconduct scandal that ultimately led to his downfall. ” Wood said. He is the leader. ”
Louisville Metro responded that it had no corresponding records. Officials later explained that Signal was “not configured to retain messages indefinitely” during the period specified in the paper’s request.
To his credit, newly appointed Chief Paul Humphrey “recognized the need for change and directed us to restructure the use of the app” and “recognize the need for change and direct the use of the app by LMPD command staff.” We’ve made sure that Signal group chats retain messages without deleting them.
However, LMPD cannot escape its past by continuing to react to embarrassing revelations that surface, especially those that expose it to legal liability. They have a responsibility to thoroughly scrutinize policies before implementing them.
Considering the possibility that the use of message deletion apps is not limited to LMPD; all State and local government agencies would do well to examine existing and proposed practices regarding the use of apps like Signal to ensure strict compliance with state laws governing record retention and management. Sho.
It’s no coincidence that Kentucky’s open records law recognizes “material relationships.”[ship]” exists between laws governing records management and laws governing records access, and states that “To ensure accountability for government activities, public authorities must manage and maintain records in accordance with the requirements of the law.” ‘ is explicitly declared. Failure to do so may result in embarrassing or even more serious consequences.
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