As it turns out, a number of SWAT teams in the Bay State are operated by what are called law enforcement councils, or LECs.
...
Some of these LECs have also apparently incorporated as 501(c)(3) organizations. And it’s here that we run into problems. According to the
ACLU, the LECs are claiming that the 501(c)(3) status means that
they’re private corporations, not government agencies. And therefore,
they say they’re immune from open records requests. Let’s be clear.
These agencies oversee police activities. They employ cops who carry
guns, wear badges, collect paychecks provided by taxpayers and have the
power to detain, arrest, injure and kill. They operate SWAT teams, which
conduct raids on private residences. And yet they say that because
they’ve incorporated, they’re immune to Massachusetts open records laws.
The state’s residents aren’t permitted to know how often the SWAT teams
are used, what they’re used for, what sort of training they get or who
they’re primarily used against.
'Bullshit' barely even begins to touch on the festering pile of corruption this is. Really? You're the effing POLICE, but now you're immune from Open Records law? Nobody gets to find out the crap you're doing? To who?
Which makes you wonder just what all the hell they're trying to hide with this?
3 comments:
Hmm, if they are indeed 'immune' to open records requests, would they not be open to civil and criminal suits and arrest for violations of law? Perhaps they might want to rethink this whole thing and instead operate under strict rules, regulations and policies.
My Administrative law professor said that criminal courts could be given over to the police under the principles of administrative law since the police were an administrative unit already.
That is way different from a charity running police operations.
As a 501(c)(3), where is their authority to make arrests, serve warrants and otherwise conduct police operations? Would a 501(c)(3) named a "Military Action Council" fly as a private army or would it be called out as the mercenaries they are just as the Law Enforcement Council is a gang?
Great. Let 'em have that argument. It turns out that employees of "private corporations" so not enjoy the qualified immunity that is extended to government functionaries. You just raided the wrong house or flashbanged a baby in his crib? Sue the bastards into the ground.
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