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City of Troy stonewalls over police department鈥檚 relationship with RPI

The City of Troy, in upstate New York, prefers the silent treatment to sharing records that might reveal how its police department came to videotape peaceful student demonstrators, and then share their tape with a private college鈥檚 administrators.

It鈥檚 been almost a year since FIREwas first alerted to the fact that peaceful RPI student demonstrators at RPI 鈥 of RPI鈥檚 handling of its student union 鈥 administrators鈥 attempts to prevent a peaceful demonstration outside of a black-tie fundraiser held by RPI鈥檚 president. Those student protesters were met with a fence stretched across campus and a phalanx of local police officers who videotaped them.

Having a camera available to record criminal activity is one thing, but it is another altogether to record peaceful demonstrators. Worse, the City of Troy鈥檚 police department provided its video to RPI, a private institution whose administrators used the video to identify and charge the demonstrators 鈥 charges it later dropped as unfounded. This rightly earned both RPI and the City of Troy , which said the 鈥渨holly inappropriate use of police work鈥 merited a response from the City of Troy and 鈥渟oul-searching鈥 on the part of RPI.

We wanted to know more about how the relationship between RPI and the city police functions. Using New York鈥檚 Freedom of Information Law, we asked the City of Troy for records about its police department鈥檚 relationship with RPI 鈥 one of the largest employers in the area 鈥 in November 2017. After initially balking, the City of Troy released the surveillance video.

But the video wasn鈥檛 the only record we asked for. We also wanted to know more about the relationship between the police department and RPI, and the circumstances of how a city鈥檚 police department was hired to stand guard against students protesting outside of a black-tie fundraiser on a private campus. So, our records request also sought correspondence between police and RPI, agreements memorializing the arrangement, and other relevant documents.

The City of Troy鈥檚 legal counsel, James Caruso, claimed that the city鈥檚 public records officer had concluded that there were no records whatsoever, so there was nothing to share.

But that doesn鈥檛 appear to be true.

For example, students at RPI posted an which they obtained, showing that RPI was billed $10,213.98 for the officers鈥 presence at the fundraiser. The City of Troy that the invoice was real. Its existence is a pretty strong sign that the City of Troy hadn鈥檛 adequately searched for records responsive to our request; if they had, they should have turned over the invoice. So, we issued a second records request, asking the city to share records documenting that they actually searched for records responsive to our first request.

When the City of Troy didn鈥檛 respond to our second request, we appealed. Troy鈥檚 lawyer asked us for a copy of our first request 鈥 which we didn鈥檛 have because it was only available on the website the City of Troy used to submit records requests, and the City of Troy had shut its website down. In other words, only the City of Troy had a copy of the request, but wanted us to find it for them. So, the only way we could get a copy of our request for records about an earlier request for records would be to issue a third request for records.

That鈥檚 about the last we鈥檝e heard from the City of Troy. Perhaps they didn鈥檛 like our joke about the absurdity that we might have to go even deeper with yet another records request:

In August, after the city stopped responding altogether to our efforts to resolve the issue, we sent a letter 鈥 embedded below 鈥 to Troy鈥檚 mayor, Patrick Madden, explaining that the city ghosted us and was in stark breach of New York鈥檚 Freedom of Information Law.

This, of course, won鈥檛 be the end of our effort with the City of Troy 鈥 or with RPI. Stay tuned.

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