As part of the American Civil Liberties Union's recent report on police militarization, the Massachusetts chapter of the organization sent open records requests to SWAT teams across that state. A number of SWAT teams in [Massachusetts] are operated by what are called law enforcement councils, or LECs. LECs are funded by several police agencies in a given geographic area and overseen by an executive board, which is usually made up of police chiefs from member police departments. 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. From the ACLU of Massachusetts's report on police militarization in that state: Due to the weakness of Massachusetts public records law and the culture of secrecy that has infected local police departments and Law Enforcement Councils, procuring empirical records from police departments and regional SWAT teams in Massachusetts about police militarization was universally difficult and, in most instances, impossible."
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