Tuesday, August 17, 2010

Stein incorrectly charges that city violated law in releasing Brinko's disciplinary records.


While I commend my friend Jim for making every effort on behalf of his client, I believe that he is wrong in his assertion that it was illegal. I further believe that he may well know his assertion is incorrect but is doing this as part of an ongoing strategy to paint the city as ogreish as possible before the case reaches a jury.

Here is the actual section of the law which proves my contention that the city did nothing illegal.

This comes from a list of situations where a request for records may legally be denied.

(5) Records that consist of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged.

Timeline: Brinko fired on 7/15. The "investigation" was terminated at that point. The disciplinary files were requested and received by me on 8/9, well beyond the 10 day wait after the investigation is completed, as required by law.

The "investigation" was conducted by Shanahan. The investigation was terminated when the decision was taken to fire Brinko. The code refers to an investigation conducted by the by the agency from which the records were requested, NOT a subsequent "investigation" by the firee's attorney.

Case closed.

Here is a link to the actual files in question:



Roxy the school police watch dog said...

I wonder why the city will release personel files, but the school won't?

Can you answer that one Jay? Please

Jay Moreno said...

To find your answer, Google "O.C.G.A." Then, using the search function, search for "open records law." Read.

Anonymous said...

Stein needs to take up babysitting with Hill. he is making a total ass of himself. This is NO grand scheme!! He is ignorant of the law!! I guess this is how he is suppose to be remembered.

Charlie Smith wins again.... Thats two for Charlie, zero for Stein.