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Access denied: public records withheld

News editor

Published: Thursday, May 7, 2009

Updated: Thursday, May 7, 2009 02:05

A woman made a claim to the police that she was sexually assaulted on campus on April 16.

As of today, the Doane Owl was not able to receive a copy of the incident report from the Crete Police Department.

This is the second reported alleged assault that has happened at Doane this year.

Citizens know about crimes happening in their communities because they have access to these reports. Nebraska Open Records Law allows private citizens the right to investigate public records.

The Crete police chief Steve Hensel, however, supported by Saline County Attorney, Tad Eickman, disagreed with the status of the requested material because it was still under investigation by citing state statute 84-712.05.

In situations like this it is up to their discretion whether or not to provide it, Eickman said when asked why incident reports were not available at the Crete police station.

The Freedom of Information act makes citizens aware of more than just criminal activity under the Nebraska Open Records Law. The law makes information such as taxes, land values and meeting minutes of public offices known.

In contrast, Doane College, a private institution, willingly shared information that was available to private citizens through the Nebraska Open Records Law.

Doane College was requested to provide the accreditation report from the visiting team that inspects the college; the most recent IRS 990 form which reports on property, salaries and gifts; donations to the college for more than $5000; Doane’s crime blotter; and the most recent building and fire inspection reports.

All five reports were given to the requesters.

The Crete Police Department was asked to provide an incident report.

It was not provided.

The law states an incident report, a public record, is the precursor to an investigation, according to Reporters’ Guide to Media Law and Nebraska Courts, which is produced by the Nebraska State Bar Association.

The incident report was not provided under investigative exemption, but, that was not what was requested.

The City of Crete was asked to provide a list of the top five Crete government salaries.

That was provided through a copy of the Crete city budget.

The Saline County sheriff was asked for a copy of the previous day’s jail log, but it was unavailable prior to printing.

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