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What Would Kafka Do?

The city has refused to release names of JPD officers fired by the Melton administration from June 25 through Dec. 13, 2005. JFP reporter Adam Lynch requested the names on Dec. 13, 2005. On July 19, 2006, six months after a response was required by law, Deputy City Attorney Kiana Foster replied, refusing to release the information because the city claims it fell under the "personnel exemption" in the Public Records Act.

On July 24, JPD Records Manager Sharon Gray refused to release the names of officers involved in the beating of Michael Black. A WLBT helicopter filmed Black being struck by officers while handcuffed on April 27, 2006. I requested their names on May 5. Gray did not cite any specific reason why the city refused to honor the request. Instead, she cited a long passage from the Public Records Act listing seven potential reasons why the information was exempt.

By this time, Police Chief Shirlene Anderson had already fired the three officers, Donald Gater, Keith Burnett and Tyree Jones, after an investigation by internal affairs. No sooner had Anderson announced her decision than the mayor said he would reverse it. "I do not condone their behavior," Melton told the Clarion-Ledger on July 26. "At the same time, I'm not going to destroy their lives over a damn thug."

By the end of the week, Melton told The Clarion-Ledger: "Ultimately, the decision rests with me. I get paid to try to make the right decision."

This is not so, however, because Anderson has exclusive control over firing officers. This may account for a subtle shift in Melton's position. On July 29, he told The Clarion-Ledger: "I'm not really overruling the chief. I'm overruling the policy."

Attorney General Jim Hood told the JFP this week: "The attorney general's opinions are commonly used in police chief/mayor affairs when a police chief is in disagreement with the mayor. Generally, under law, this kind of decision is the chief's decision and is subject to review by the municipal civil service commission. However, if she says, ‘Well, I've reversed my position based on the mayor's input,' then it's all fine to do it that way."

The Jackson Police Department did not return calls for comment.

There are new protocols in the city clerk's office. The new protocols specify how the city clerk's office will coordinate with department heads and the city attorney's office to ensure that records requests receive a timely response. The protocols require each department head to designate a liaison with the clerk's office. They also require the clerk's office to inform a requestor whether a request will be honored or refused within five days. The protocols again assert that the clerk's office can bill requestors for the hours city employees spend assembling records, though this violates the 1987 city ordinance that sets forth city policy on collecting fees. The city clerk's office has billed Jackson Free Press by the hour for honoring several requests.

The new clerk in charge of records is Senior Deputy Clerk Connie Michael. I met Michael on July 31. She asked me whether I had any other outstanding requests. I explained to her that the JFP has many outstanding requests, some of them from months ago. She said that she did not have any of the original requests. Could I provide her with new copies? So, for the fifth time, the JFP will furnish a member of city government with a memo on our unfilled public records requests, along with copies of the original requests themselves.

It's at moments like these that I have to pause and ask myself: What would Kafka do?

He'd fill out the paperwork one more time.

Previous Comments

ID
172598
Comment

The more things change; the more they stay the same. Is there anyone in the melton administration with the guts to take a position and just stand up for what is right for a change. Are these idiots aware of the personal liability they could be facing and the fact that after melton, then what? Will they be able to hide possibly four years (unless we are lucky) of working in the melton camp? What firm or what private citizen would want to use those attorneys? Best of alll, what police department or narcotic bureau would want to hire a person of Sherline Anerrson's methods? She now agrees with the mayor that these three policemen should not be fired ? I'm reminded of the song: "First you say you do- and then you don't: Then you say you will - and then you won't: You're undecided now so what are you going to do??" I guess we now know the answer. This is crazy stuff and you can believe that if the oficers had been anything other than black, this entire City would be up in arms. There would be walk-ins, walk-outs, strikes, boycotts, demonstrations, Tisdale Topics, and the list can go on and on. melton has fired or ordered the firing of many whose charges were less severe. It is defficult to figure this situation. The first thing that comes to mind is: Do these guys know something that keeping them in their jobs will protect? The questions are out here and the situation keeps getting worse.

Author
justjess
Date
2006-08-04T11:04:08-06:00
ID
172599
Comment

By the way, great article, Brian! Get your pen and paper ready, I just learned that fm is on the wild again and is planning to displace over 200 people/families at the Christain Bros. Apts. I don't know anything at this point but will blog if/when I do.

Author
justjess
Date
2006-08-04T11:07:15-06:00

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