July 29, 2009 Honorable Mike Cox Page 2 ‘One of the incident reports released in granting the FOIA request contained a statement by the defendant regarding his alleged HIV status, although no medical testing nor review of any medical records was perlormed by LPD or any other City official so the defendant's statement regarding his medical condition hhas not been confirmed, ‘The pertinent portion of the report reads 1 read the aecused his Miranda rights. I advised the accused that he was arrested for indecent exposure. The accused replied, “I didn’t expose myself.” I then reminded him that he exposes his penis directly to me. ‘The accused replied, “The only time | exposed myself was to “piss” (lang term to describe urinate), and | couldn’t ‘piss’ because you were watching me.” | then asked the accused, “Did you see all those children there at the (Fenner Park] Arboretum?” ‘The accused replied, “Yeah.” Ofe. (REDACTED) discovered that the accused had several containers of medication within his vehicle during the search incident to arrest. The accused informed Ofe [REDCATED] that he was HIV positive, and has had HIV for the last 18 years. 1 then asked the accused why he informed me he was “clean”. The accused became sareastic and stated, “I'm cleaner than you, look at you, you're unshaven and I'm not.” The accused stated, “I didn't come over here to have sex, just to be here with you and another guy - that’s all.” (Emphasis added) T have serious concerns about the propriety of releasing this information, concerns I share with mai members of the community. In particular, although I realize FOIA has a policy of broad disclosure. | want to ensure that release of this information did not violate the Health Insurance Portability ‘Accountability Act (HIPAA) or the Michigan Public Health Code, 1978 PA 368 (MCL 333.1531) and 10 obtain your guidance for future reference. Although the City Attomey has opined that this FOIA release violated neither EIIPAA nor the Public Health Code, I believe an independent investigation by your office is warranted, I hereby request that you independently investigate this matter to determine whether the release of this information pursuant to FOIA violated either HIPAA or the Michigan Public Health Code. I have enclosed the relevant documents for your review and am available for any questions you may have. Sincerely, Mayor of Lansing ce: Enclosures