Marina Cameras FOIA

[XLFD]

In the thread, Body Recovered at City Marina  , Angela reminded this absent-minded person that I had reported about the marina purchasing 5 cameras just a year ago in this thread Taking a Bite.  Being that we had a dead body show up in the marina, with no answers about how it got there, with no statement made by the Ludington Police Dept. about the cameras at all, I saw this as a good venue for a FOIA request to see what they might turn up. 

 

On June 6, I sent the following FOIA request with the usual parameters: "I am requesting to receive copied electronic files to this E-mail address or failing that, to personally inspect the following public records:   The video recordings of the various surveillance cameras around the Ludington Municipal Marina for the times period between 9:00 PM Friday June 1, 2012 to 9:00 AM Saturday June 2, 2012."

 

I got it bounced back to me as Mr. Shay was currently off on medical leave.  As I understand it, as reported from my sources, he is having a problem with stress-induced intestinal problems and is having it surgically treated.  I hope in his convalescence that he can look over his official actions that he has done here at Ludington, and consider taking a less stressful job as a football referee, which he enjoys.  I seriously only see a lot more stress coming up for him in the very near future, from his past ethical/legal transgressions catching up with him, when he resumes his position as head honcho here in Ludington.

 

Sending it to the Assistant City Manager, Jackie Steckel, I got back in the mail a response from Chief Barnett which told me that it was denied due to 'security measures'  FOIA Reply p2, and that it was partially granted.  The Chief filled out the form a bit differently than Shay, so I had initially overlooked typing in the first page which gave me permission to view these at the station  FOIA Reply p.1. 

 

Further inquiry namely:  "I can understand your concerns with undermining the effectiveness of a security system, but I do think a copy of that footage should be available through FOIA as these are publicly procured security cameras in a publicly funded marina where the positions and pointings of the cameras are easy enough to determine to one who is out looking for them. Likewise, a viewing would similarly undermine effectiveness if I relate the story to the rest of the public.

Will I be afforded the opportunity to copy portions of the viewed footage for my usage, if such use is requestedon Tuesday? If the answer is yes, I will have no problem with your FOIA decision, and I will consider the appeal abandoned. If the answer is no, I must appeal such a decision on principle.

Either way, I and another will be in to view the footage at 12:30 tomorrow. Where should we go?"

 

Yielded this answer:  "I will not provide a copy of security system footage as I expect that it would be posted and that would undermine the effectiveness of a security system."  and another inquiry gave me this:  "As set forth in your request for a copy of the recordings and your latest question "Will I be afforded the opportunity to copy portions of the viewed footage for my usage" , that request is denied.

To release the recordings for general dissemination on a website, or similar outlet, would undermine the effectiveness of the security system by showing the field of view and perspectives of the system. It would also reveal what is not monitored. The effectiveness of the system is enhanced by the notion that "everything is covered".

Come into the Ludington Police Department Front Desk at 12:30 pm."

 

I do believe that does violate MCL 15.233 section 1:  "Except as expressly provided in section 13, upon providing a public body's FOIA coordinator with a written request that describes a public record sufficiently to enable the public body to find the public record, a person has a right to inspect, copy, or receive copies of the requested public record of the public body."  The chief had not exempted this public record for private viewing, by allowing "public servant enemy #1" (me) and my girl the opportunity to view it, therefore I should have been able to get copies.  I will review this further and likely see the City Council in two weeks.

 

Either way I had to resign myself to going to the LPD station (where I had been banned for 14 of the prior 16 months) and watch videos with Chief Mark Barnett.  This is a man I have very good reason to be intimidated and threatened by since his actions led me to being XLFD, he was instrumental in making the letter of trespass policy, and he had argued that his police officers had the right to travel 40 mph on the left side of the street in a 25 mph no parking zone, in a school zone, during school hours to me with a straight face, while telling me that I could be ticketed as a bicyclist for riding 21 mph in a 25 mph zone for obstructing traffic.  This was on November 5, 2008, our last social meeting.

 

So yes, I wasn't looking forward to our reacquaintance, but accepted it, and brought my girl along to hold either of us back.  She's good at that.  We arrived promptly before 12:30 PM on Tuesday.

 

After checking in, Chief Barnett came out and greeted us with, and I paraphrase since he banned any recording equipment, "Any camera equipment, cell phones capable of taking audio or visual recordings on you.  Any photographic equipment on you?"  And once that was confirmed, we were walked into his office, sat with his right hand man Captain Harrie, where he went on:  "OK, just so we're clear.  There is no authorized audio or visual recording in this office.  Do you agree with that?"  We did, reluctantly, but I am sure that wasn't some two way rule-- I'm sure we were being taped. 

 

For the next forty minutes we reviewed the tapes of two cameras, with the Chief manipulating the computer monitor.  One posted on the NW corner of the marinas and fixed on the gashouse, and would catch boats going in and out during that twelve hour period.  The other was aimed at the 'D' and 'E' docks.  Both cameras we saw were digital fixed (low-resolution zoom-ins) that recorded by motion activation.

 

It was interesting to see the water level change during the night, and because of that, see weed masses that could be mistaken for other things emerge in the water.  Also interesting was the basic lack of activity at the marina that Friday night/Saturday morning.  On the docks we saw no one, just boats, and only one boat left that morning, which the Chief said had been identified, but revealed nothing else.  But you couldn't see any area near the transient dock walkway, and never any sign of Lin Lang Zou.

 

I can respect most of the Chief's parries for the questions I did ask, as it is an active investigation and he can be about as covert as he wants to be, but one of his last responses to my girl's questions (she is becoming so inquisitive!) was that it was 'really sad, there is some background information with her and her family', he paused, 'it is a sad situation.'   It and other non-verbal clues lead me to believe where their tracks will lead.

 

I think the truth in this situation may be cut and pasted so as to absolve the City of Ludington of any liability, and that is sad.  It is too bad we cannot have a more neutral party investigating this death of a 'transient' at the transient docks.  Consider, the City Manager's and the Mayor's connections with the running of this marina and their part in the  installation of the dangerous walkway open to the general public that has deep murky water and tripping hazards on one side of it.

[AQUAMAN]

Many should also be asking where the LDN, (Ludington Daily Nuisance) is on this matter: as usual, hiding in the same corner with the LPD, in collusion staying mute until they figure out what story to tell the public. Meanwhile, we probably have a full blown murder here, with no answers as to why? Pitiful.

[snide]

Sadly, this is what I've come to expect from the LDN..... I'd be interested(a local trivia question)to know when the last time the LDN did an investigative report on anything . Or QUESTIONED the police or County /City official.......anybody remember...?

[XLFD]

I remember one in recent memory:  In April of 2010, Jennifer Linn did an interesting piece on the County Commissioners, showing the ungodly amount of benefits some of these commissioners were getting from the County.  It was rather muted and didn't editorialize on the insanity of a County Commissioner getting nearly $30,000 a year for meeting once a month for an hour or so. 

But you'll notice Jennifer Linn (Hartley) was one of the reporters let go at the beginning of the year, along with Rob Alway, who is definitely the rookie of the year so far in local news reportage with his Mason County Press on-line venture. 

The LDN is a hollow shell of what they could be and what they once were, and only getting worse.

[Willy]

X

I went back a reread the topic and found a paragraph I did not understand. Was the Chief talking about the victims family or your girlfriends family?

"one of his last responses to my girl's questions (she is becoming so inquisitive!) 'really sad, there is some background information with her and her family', he paused, 'it is a sad situation.'   It and other non-verbal clues lead me to  believe where their tracks will lead."

[XLFD]

The Chief was referring to Ling Lang and her family.  Knowing my girl's family it could probably just as well apply to them too, LOL.

[XLFD]

I've heard from a reliable source that LPD's Detective JB Wells is ready to round out the investigatory phase of this death, look for an announcement soon.

[snide]

yeah, it will say accidently fell near the water in order to commit suicide......let's just say I'm not only interested in WHAT the "official" record will read , but feel I could write it myself....at this point it could include baby kate.............

[AQUAMAN]

I for one feel it's crimes like this and Baby Kate that truly tell us what kind of police force we really have to depend on. Anyone can ticket DUI's, domestics, loose dogs, and moving violations. Fluff like new patrol cars, widget and gadgets that are costly in the budget, along with a new patrol boat now, more off-road vehicles, and such. With all the extreme costs in law enforcement available to this small town, much way beyond what is likely to be used or needed, we see that spending high dollars isn't what really gets the job done. It's quality people with a genuine sense of purpose and investigative methods that make a person of interest wonder, are they really up to par? When the "chips are down"??? These are the "real crimes" that need an ending chapter that doesn't just say, sorry, we don't know, case closed...sad.

[Willy]

That is absolutely correct Aquaman. The real heart of a police force is the ability to investigate and to solve crime since most of the serious law breaking is done when police are not present. If the police are inept then the citizens will be vulnerable to repeated assault until the perp. is caught.