FOI Commission Rules for Yale to Open Arrest Records to Public

Published: December 27, 2007

NEW HAVEN, Conn. – Following a debate in Connecticut on whether or not Yale’s campus police should be held to the same standards of accountability as government police forces, the head of the state Freedom of Information Commission (FOI Commission) ruled for Yale police to its open records, just like regular police departments. Yale claimed its police force was private, and thus exempt from open records laws.

After two Yale police officers arrested and jailed a 16-year-old black youth for riding his bicycle on the sidewalk outside of his high school, Janet Perrotti (a public defender) fought for the university to allow public access to the officers’ disciplinary records.

One the one hand, Yale’s police force makes up a significant portion of New Haven’s police presence, as its 80 officers are about a fifth the size of the city’s, and these officers are frequently seen on city territory outside the school. Yale’s officers drive similar white cruisers, and wear nearly identical uniforms and badges. They also investigate city crimes and can make felony arrests anywhere in the state. On the other hand, they are run by the private university, and neither city nor state provides retirement benefits.

However, the hearing officer, Colleen Murphy, decided that if Yale officers conduct themselves as regular police officers, they must follow the same rules. Murphy concluded Yale officers are given the power to arrest, which is an essential government task. She determined that since Yale officers endure the same training as New Haven police and are controlled by the government, they are appointed by the city.

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Yale did not comment on the hearing. Murphy’s decision must be approved at a second hearing by the FOI Commission. Attorney Robert Langer, who represents Yale, asked for the hearing to be postponed until February due to scheduling conflicts.

The debate is just one more in a widening debate across the country, with similar cases in Georgia, Virginia and Massachusetts, where rulings have varied.

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