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Appeals court protects secrecy involving police strategy for Miami trade talks

By Ihosvani Rodriguez
Miami Bureau
Posted August 19 2005

A Florida appeals court ruled this week that the Miami Police Department's operations plan during the Free Trade of the Americas meetings in 2003 are not subject to public records laws.

The ruling was a blow to the city's Independent Civilian Investigative Panel, which sought the controversial plan to investigate allegations of police misconduct during the demonstrations.

Miami police officials refused to hand over the document on the grounds that it contained security information that could jeopardize future operations nationwide. Authorities throughout the country have since adopted the plan.

Last November, Miami-Dade Circuit Judge Michael Chavies ordered the city to hand over the document to the civilian panel. The city appealed his decision to the Third District Court of Appeal in July.

In a four-page opinion released this week, the three judges agreed with Miami police officials that their game plan was not limited to the FTAA meetings and reversed Chavies' order.

"The FTAA summit is long over. There is no longer the threat of violence surrounding that meeting," the judges wrote. "While it contains security plans from the past FTAA summit meeting, the plans are not unique to that event. It is clear that at least some of the procedures, general and specific, will continue to be used for future events."

Janet McAliley, the civilian panel's vice chairwoman, said Thursday she was disappointed by the ruling but said it will not stop the group from pursuing the complaints.

"We still have plenty of other evidence we can go on, like witness statements and other reports," she said. "We would have liked to have it in order to make out a complete report, but we will still come out with a report without it."

McAliley expects the report to be completed by the end of the year.

Police Chief John Timoney could not be reached for comment on Thursday but issued a statement.

"It is obvious that the Legislature never intended this to be part of the public domain. This is an important victory for all law enforcement agencies in Florida," the statement said. "To have found otherwise, would have made it easier for those with bad intent to endanger both the public and police officers."

Ihosvani Rodriguez can be reached at ijrodriguez@sun-sentinel.com or 305-810-5005.