Michigan SOS signed off, then pushed back on driving records policy change, emails show

Michigan Secretary of State Jocelyn Benson initially supported but later pushed back against staff who moved to withhold driving records from media, emails provided by the department under a Freedom of Information Act request show.

The short-lived policy change was made in the wake of the fatal police shooting of Patrick Lyoya, a 26-year-old Congolese immigrant, on April 4 in Grand Rapids.

On April 15, days after footage of Lyoya's shooting was released by Grand Rapids police, the Department of State issued an unattributed statement indicating it would no longer release the driving records of victims of violence, but Benson reversed the policy change a few hours later.

According to records released by the department, Benson emailed staff April 15 saying the statement harmed "the credibility of a department that values being nonpartisan, transparent, and above the political fray." Bridge Michigan was first to report on Benson's communications to staff.

More: State moves to block release of certain driver records, then reverses itself

Emails show department staff discussing how to move forward after three news outlets — the Free Press, the Associated Press and west Michigan-based WOOD TV-8 — had requested Lyoya's driving record.

In initial coverage of Grand Rapids police releasing footage of Lyoya's shooting, the Free Press included the detail that according to Secretary of State records, a person with the same name had a revoked driver's license.

More: Grand Rapids police release video of officer fatally shooting Patrick Lyoya

Jake Rollow, the department's chief external affairs officer, wrote fellow staff April 14 calling for a meeting to discuss the department's flexibility on handling records requests from the media.

In the statement initially released, the department said it had granted the records to the three media outlets "before recognizing that it was being included as an irrelevant detail that wrongly suggests he is culpable for being shot in the back of the head by a Grand Rapids police officer."

The announcement drew criticism from media outlets and government transparency watchdogs.

Emails show the statement went through several rough drafts before it was released — among the edits was the dropping of the word "unfortunately" referring to the department releasing records to the three outlets.

Benson appeared to sign off on the initial statement, writing "This all makes sense to me."

Around 2:30 p.m. April 15, the statement was released to media outlets. But at 9:30 p.m. that same day, a follow-up statement attributed to Benson walked back the policy shift, saying the department is reviewing its policy on releasing driver records.

Benson emailed staff at 8:10 p.m. that night saying the "entire first paragraph of this statement should not have been released."

"While we as individuals or I as a public leader may have my position and issue such a condemnation, it is not the role of the department to take a position on a matter that is the subject of an ongoing investigation," Benson wrote.

"Similarly, in my view it is not appropriate for the department to subjectively release driving records to some media outlets and then refuse to do so for others because we disagree with how the information is being reported."

Benson then called a mandatory meeting for some staff members the following week to discuss how the situation should have been handled, according to an email.

"I have no doubt that each step that was taken yesterday was done with the best intentions in mind with an eye towards doing the right things furthering truth, equity and justice," she wrote to staff.

A joint letter from the Michigan Association of Broadcasters, Radio Television Digital News Association and Michigan Press Association called for a meeting to discuss the short-lived policy change. The meeting will take place Monday, according to Bridge Michigan.

"The Associations are encouraged to hear updated comments that no change in policy is planned at this time but are troubled about what may happen in the future and welcome the opportunity to sit down with Secretary Benson and lawmakers to work on legislation and policies that ensure more transparency," the letter states.

Michigan State Police conducted an investigation into Lyoya's shooting, passing findings on to Kent County Prosecutor Chris Becker. Becker is still waiting on the forensic results from the manufacturer of the gun and the stun gun used by the officer in the shooting, Christopher Schurr, before deciding whether to bring charges.

Schurr is currently on paid administrative leave from the Grand Rapids Police Department.

More: Grand Rapids police leaders praised Christopher Schurr for on-foot chases

Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo. Become a subscriber today.

This article originally appeared on Detroit Free Press: Jocelyn Benson backed driving records policy change before reversing