Freedom of Information Act

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sonnyy

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Admin
Staff
Gang Staff
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Jan 6, 2024
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Introduction

This act is intended to promote transparency of Government Organizations, specifically law enforcement agencies in the State of San Andreas. No citizen should have information withheld from them in criminal proceedings that could be used against them.



Constitutional Justification

Every citizen has the right to information that is necessary for their well-being. It is our belief that allowing citizens to access information that is being used against them in a court of law or could potentially be used against them is necessary for not only their well-being, but to ensure that there is due-process and accountability.



Details

(a) Any report created by Law Enforcement may be subject to FOIA given certain qualifications.



Article 1: FOIA Request(s) Protocol

(a) Requests for production of reports must be submitted in person or by formal written communication (email, physical letter, etc.) to a member of PD Dispatch, Reception, or an On-Duty Law Enforcement Officer.

i. Requests must clearly describe the records being sought. Be as specific as possible to help expedite the search process.

ii. Include your contact information for follow-up and delivery of the requested documents.



Article 2: Review Protocol

(a) A FOIA’d Officer will acknowledge receipt of your request within twenty-four (24) hours of formal receipt.

(b) You will be informed if additional information is needed.

(c) The standard review period is twenty-four (24) hours to determine if the requested report is exempt from FOIA as it falls under one of the following categories:



i. Active Investigation

ii. Incident Reports containing an Active Warrant (The charges, time and fine are not exempt)

iii. Trade Secrets & Confidential Business Information

iv. Internal Government Communications

v. Warrant/Subpoena (Separate notification provisions)



Article 3: Response Time & Delivery of Records

(a) If the report is subject to FOIA, the maximum response time allocated to Law Enforcement will be three (3) days from point of requests.

(b) Reports that are completed and able to be distributed via FOIA upon request shall be delivered as soon as possible.

(c) (Reporting Officer Approval/Sign Off). Records will be delivered via formal written documentation (email or text).



Article 4: Appeals Process

(a) If you believe your FOIA request has been denied or items have been omitted in error, you may appeal the decision to the San Andreas Department of Justice.

(b) A sitting Judge/Justice will then review the initial request & denial/omission records to establish if the PD has acted in error in denying/omitting portions of the FOIA request.

(c) An appeal will be submitted to the DOJ within 48 hours of the denial by contacting any sitting Judge/Justice via in-person communication or formal writing.

(d) A determination of the appeal will be made within a subsequent 48 hour period.



Conclusion

This legislation should thoroughly enhance accountability and provide citizens with the ability to view records relating to them. It is our hope this will empower the voice of the everyday citizen.



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