Paralegal Michael Barfield contends survey responses gathered for an ongoing staffing study at SPD should be made public, but the International Association of Chiefs of Police has refused.
SARASOTA — Local paralegal Michael Barfield has sued the International Association of Chiefs of Police over the group's refusal to provide documents collected as part of the association's ongoing staffing study for the Sarasota Police Department.
The legal action filed Friday argues that the IACP is required to provide survey responses and draft documents gathered and created under the group's $200,000 contract with the city, approved at the end of July, to study staffing levels and needs at SPD.
City Attorney Robert Fournier agrees. He and City Auditor and Clerk Pamela Nadalini warned IACP officials in a formal letter Monday that not fulfilling the request would constitute a breach of contract.
After weeks of requests from Barfield and even after Fournier and IACP officials debated the issue by phone again earlier this week, the records still have not been produced, Fournier and Barfield said. Now Barfield, an aggressive public records advocate who has worked on several high-profile records suits against local governments, is pursuing a court ruling to force the IACP to turn over the responsive documents.
"The IACP is a contractor performing services for the City and getting tax dollars to perform that service," said attorney Robert Watrous, who is formally representing Barfield. "The contract makes it clear they are subject to the Public Records Act for any records made or received in providing those services. Both the City Attorney and I agree that IACP must turn over the requested records."
IACP was tasked this summer with studying the police department's "personnel allocation, deployment, scheduling and forecasting processes" in comparison to department resources, according to its contract. That work has included surveys with officers and employees about the work climate within the department and some candid feedback on the department's operations.
In September, Barfield requested copies of survey participants' responses and any available draft version of the report that IACP ultimately will present to the city in regard to its staffing.
IACP, however, has repeatedly denied in correspondence with both Barfield and Fournier that the contract it signed with the city this summer imposes public records requirements on its organization.
Attempts to reach IACP late Friday were unsuccessful, but the association's attorneys also repeatedly offered to "voluntarily" provide some documentation to Barfield with the caveat the organization would not admit it is subject to public records law in this circumstance, according to their correspondence. Barfield denied that offer, arguing the city contract requires the IACP to comply with records laws for its work for the city on the staffing study, according to their email exchange.
"Mr. Barfield, your terms — turn over every single record IACP may or may not have, may or may not have created, pursuant to its contract with the city of Sarasota and concede and admit that it (IACP) is subject to the Florida Public Records Act — are unacceptable, unreasonable and, as you yourself appear to recognize, inflexible," wrote Gerard Panaro, an attorney for Howe and Hutton in Washington, D.C.
"From the outset, IACP has offered to provide to you, on a completely voluntary basis, all information it has responsive to your request and which it does not object to disclosing; and to discuss and negotiate with you in good faith concerning disclosure (or nondisclosure) of information which IACP believes is protected," Panaro continued. "The demands in your below email make such offer impossible at this point."
Fournier and Police Chief Bernadette DiPino also disagree with the IACP interpretation of the contract, however, Fournier said Friday afternoon. He reasons that because the city has paid for the IACP's services, documents created "in connection with the transaction of official business" would be subject to public record.
A draft of the final report does not appear to exist yet and therefore would not be available, but documented survey responses should be furnished pursuant to Barfield's "valid request," Fournier said Friday.
"Documents made or received by the IACP when acting on behalf of the City to conduct the staffing study are legally deemed to be made or received by the City," Fournier wrote in the formal letter to the IACP on Monday. "Accordingly, the materials requested fall within the definitional scope of public records under Florida law."
IACP officials have not formally responded to Fournier's letter, but he said they continued to disagree during the phone call earlier this week.
Depending on how the case progresses and whether documents are eventually made public, the city could cross-claim the IACP over its refusal, Fournier added. The City Commission likely would discuss that action before it was filed, however, which would not happen until after the New Year.