A public records request has revealed a systemic problem with the Commission on Accreditation of Law Enforcement Agencies that affects more than 800 law enforcement agencies.
A public records dispute with the Clark County Sheriff’s Office has revealed a systemic problem with the nation’s largest law enforcement accreditation agency that affects more than 800 law enforcement agencies and millions of Americans across the country.
The company, the Commission on Accreditation of Law Enforcement Agencies (often referred to as CALEA) is a private non-profit organization that certifies law enforcement agencies meet industry standards. Despite its formal sounding name, CALEA is not a government entity.
Currently, 16 agencies in Washington, including the Clark County Sheriff’s Office, the Seattle Police Department, and Washington State Patrol are certified CALEA clients.
CALEA describes its certification process as a way to “enhance professional excellence” via compliance with “459 state-of-the-art standards,” covering topics ranging from use of force to evidence handling. Ironically, the company that seeks to uphold professional standards mandates its law enforcement clients violate public record laws.
The contract between the Sheriff’s Office and the company contains a provision that ambiguously claims the company’s written standards and “related materials” are protected by “U.S. and International Copyright Laws” and therefore cannot be released to the public without the company’s “express written permission.” Specific laws are not referenced in the contract.
CALEA staff and phone calls to more than 30 law enforcement agencies across the country confirm that the non-disclosure provision is standard in CALEA’s contracts with law enforcement agencies.
Although public record laws differ slightly from state-to-state, no state allows a government agency to use a contract to avoid disclosing public records. Additionally, no state lists copyright protection as a reason, by itself, to withhold records (a user-friendly state-by-state comparison of public record law is maintained by the Reporters Committee for Freedom of the Press at www.rcfp.org/ogg).
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