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Council upholds denial of FOIA request after city attorney, police chief say requested records do not exist
Summary
Joseph Leiba appealed a denial of a records request seeking dispatch audio, body camera/dash footage and GPS logs. City Attorney Bill and Police Chief Ham told council dispatch audio and CAD are held by Alpena County central dispatch and the department had no body-worn or in-car footage or GPS/MDC logs for the incident; council voted to uphold the denial.
Joseph Leiba appealed a denial of public-records requests that asked for dispatch audio, body-worn camera and dashboard camera footage, and GPS/MDC logs for a particular incident. City Attorney Bill told council the options were to uphold the denial, partially uphold it, or overturn it, and recommended upholding the denial because the city does not possess the requested records.
Bill said dispatch audio and CAD reports are maintained by Alpena County central dispatch and that the police department does not hold those files. Police Chief Ham told the council that officers did not take enforcement action requiring body-worn or in-car cameras to be activated for that citizen contact, and that the department does not maintain GPS tracking logs. Chief Ham said he had checked with contracted services and officers and confirmed no body-worn or dash footage exists for the event. Based on that information, council voted to uphold the denial and direct that the written motion include the requester’s name, Joseph Leiba.
