12 update on DCR photo investigation
W.Va. – The West Virginia Department of Military Affairs and
Public Safety released additional information Thursday in response to Freedom
of Information Act requests prompted by the photo of the Division of
Corrections and Rehabilitation’s Basic Training Class #18.
The information includes a list of the
class’ coursework by subject and instructor, and a roster of the class members’
Additional information provided includes
DCR’s organizational chart, its current record management policy, and the
version of the class photo previously released.
Records requested through FOIA but
withheld as exempt include: a complete list of class member; a list of anyone
disciplined, suspended or terminated in this matter; an unblurred version of
the class photo; the full name and position of the “Byrd” figure referenced in
its caption; and the name of the
individual who took the photo.
DMAPS has previously stated that “Byrd”
refers to a training instructor for the class, and that the photographer was
one of the two training instructors fired in this matter.
For additional employment-related
information, the FOIA responses refer inquiries to the Division of Personnel,
the West Virginia State Auditor and http://www.transparencvwv.org/TotalComp/EmployeeComp.
Otherwise, the responses to the FOIA
requests cited W.Va. Code 29B-1-4(a)(8), and for some of the records sought
also invoked 29B-1-4(a)(2), (3), (4), (5), (8),(9), (10), (11), (13), (14),
(15), (16), (19), and (21).
W.Va. Code 29B, the West Virginia Freedom
of Information Act, is available online: http://code.wvlegislature.gov/29B.
“A number of these request have been
denied due to the need to have a thorough and complete investigation,” the
responses said. “As soon as the final report is presented to the Governor's
office and approved by his staff, the public will be advised of its completion.
At that time, any additional responses which do not violate the law, policy, or
exemptions will be released pursuant to a proper and valid request.”
The responses further explained: “following
the conclusion of the internal investigation, the legal analysis and conclusion
may change regarding the exempt status of certain documents which may be
responsive to a request made at such time. If this is the case, and a request
is submitted after the conclusion of the internal investigation, it will be
reviewed, and if the material is found not to be exempt at that time, it will
be provided pursuant to such a request.”