Judge rules against CPOA injunction
CPOA must produce records it attempted to withhold from public view.
Published Feb. 19, 2010
Judge Kevin Crane ruled to deny the Columbia Police Officers Association's petition to file for an injunction Tuesday.
The injunction attempted to withhold a record requested by the Columbia Daily Tribune for a 2006 police misconduct report.
The hearing was held Tuesday morning at the Boone County. Crane told CPOA's attorney, Scott Jansen, he understood Jansen's argument but could not see any way around the Missouri Sunshine Law.
"I'll listen to whatever you got but the city did what they did," Crane said.
Jansen's argument during the hearing was in reference to a Citizen's Police Review Board ordinance that was passed in July 2009. The ordinance that made the records open did not include closed records prior to when the ordinance was passed, Jansen said.
"I think we have a legal right to declare whether the ordinance is prospective," Jansen said.
Jansen also argued the protected interest of Columbia Police Department members.
Columbia attorney Cavanaugh Noce refuted Jansen, arguing the protected interest of members regarding the hearing only includes past members.
"If there was a protected interest, it was the former member's interest," Noce said. "That's the person who should submit this claim. Not the CPOA."
In December 2006, former CPD officer Justin LaForest stopped a vehicle and used his baton and Taser on Rodman Marine after Marine exited the vehicle and failed to comply with demands, a CPD news release stated. Marine filed a formal complaint with CPD after the incident, and a CPD sergeant determined LaForest's actions to be improper. LaForest resigned from the department prior to any disciplinary action being taken, the news release stated.
After the Columbia Daily Tribune requested LaForest's report in January, the CPOA filed a restraining order to withhold the records until a judge could make a decision in court.
Crane gave his ruling after about half an hour of arguments.
"Petitioners request for injunctive relief denied," Crane said. "Respondent, city of Columbia, to comply with Jan. 19, 2010, records request by Columbia Daily Tribune."
MU faculty member Charles Davis said Crane's decision was the only ruling that should have happened.
"All it means was, your request for an injunction is denied," Davis said. "City of Columbia, cough up the records. Legally that's all he's saying. The Tribune did a records request. CPOA tried to get a court to stop it. Judge Crane was saying, having read the law, you cannot stop it."
Davis is also the executive director of the National Freedom of Information Coalition.
CPOA Exective Director Eric Dearmont said CPOA is disappointed with the outcome and said the organization would consider whether to file an appeal once the final order has been issued.
"You always walk into something like that hoping it will come out well for our organization," Dearmont said. "We still view it as a step necessary to attempt to protect the rights of our members."
Davis said municipal ordinances have to comply with state law. Once investigations are closed, the records are open. When an officer is involved in an allegation with official misconduct, his or her right to privacy has to be surrendered to the larger public, Davis said.
"These are police officers with whom we trust a great deal with our liberty and in fact our lives," Davis said. "I'm not saying it doesn't have a cost. It does have a cost. There is no doubt there is a cost."