Attorney files suit against CPD for Sunshine Law violation
CDP failed to deliver requested records to Wyse.
Published Nov. 13, 2009
A local lawyer has filed a lawsuit against the Columbia Police Department regarding a records request.
Attorney Stephen Wyse said he received a call at 2 a.m. Oct. 9 from one of his clients who had been arrested. When he arrived to speak with his client, he was denied access to her.
"I arrived at Columbia Police Department around 2:15 a.m. and asked to talk to my client," Wyse said. "Twenty-five minutes later my client called me and said the police told her I wasn't there."
When Wyse wasn't taken to see his client, he said he talked to CPD Detective Jeff Westbrook. Wyse said he was given contradicting information.
"My client told me she told the officers she wanted to speak to her lawyer," Wyse said. "Westbrook told me she hadn't said that."
Because he heard two different stories, Wyse said he requested a copy of the video recording of the lobby he waited in and also of where his client was held Oct. 9.
"I wanted to find out what happened," Wyse said. "I won't know anything until I find out what's on the tape, but I have no reason not to believe my client."
Wyse requested the video through a Sunshine Law request. The Missouri Sunshine Law allows citizens to obtain access to public and police records, Wyse said.
According to the Sunshine Law, governing bodies can charge the person requesting records the cost of copying documents and each request must be acted upon within three business days. CPD failed to meet both requirements, Wyse said.
"I didn't receive a letter until the following Thursday," Wyse said. "They also asked for a $27,000 cash deposit, which is an unauthorized amount."
Wyse said CPD told him he received a delayed response because the record keeper had been out of the office, an excuse Wyse said is unacceptable. There needed to have been someone else who could handle it, he said. They also told Wyse they were charging him for research costs.
"They can only charge copying costs," Wyse said. "It is a class A misdemeanor to violate the Sunshine Law."
CPD spokeswoman Jessie Haden said there are set fees for requested records, which include the price of paper, toner, copying and staff time.
Due to these violations, Wyse said he filed a lawsuit against CPD Oct. 28. The law states if the court finds a public body guilty of knowingly violating the Sunshine Law, the violators are subject to a fine of up to $1,000. If the court finds the public body to have purposefully violated the Sunshine Law, a fine of up to $5,000 might be issued.
Haden said CPD is not dealing with anything regarding the case and the legal department is handling it.
Although violations of the Sunshine Law are punishable, withholding requested documents is acceptable at times, MU Police Department Capt. Brian Weimer said.
"The Sunshine Law doesn't give you access to anything and everything because there are victims' rights," Weimer said.
Haden also said information about ongoing investigations is also not released.
Charles Davis, National Freedom of Information Coalition executive director, said there isn't a reason that the surveillance video should be kept from Wyse.
"This happened in a public place," Davis said. "They wouldn't be revealing anything they're not supposed to."
Wyse said the Sunshine Law is an important part of keeping the government in checks and balances.
"The Sunshine Law is a tool to ensure the public knows what's going on," Wyse said. "It keeps the government open and honest. Without it, it would be easier for the government to keep secrets."
