Citynewswatch decided to publish a response
from City of Charlotte Attorney Robert Hagemann received after asking City
Manager Ron Carlee to give correct information about arrests of CMPD officers
and Internal Affairs complaints about CMPD officers.
While Citynewswatch sent a request for comment and additional
information only earlier today to Carlee, Hagemann answered in his stead and
made it clear he had no intention of providing the public records or requisite
legal reasons for denial. He simply
expressed a personal “satisfaction” that others have been “appropriately
responsive” to requests.
The only appropriate response to a Public Records request is to provide
the records or a correct reason to deny or provide redacted records.
Redacted Internal Affairs complaints have been denied completely
without explanation.
After plenty of time to respond, the list of police officers who have been arrested was stated as
complete by CMPD Public Information Officer, but proven incorrect. This
causes concern over how many other arrests may be yet undiscovered, as well as
how much of the disciplinary action list provided may be true or may be
missing. Hagemann has ignored requests for
policies and other regular records. He wants an attorney to call and have a chat with our city's attorney. A conversation isn't documentation. It doesn't meet the public record requirement, either. The request submitted does not need clarification. It needs to be met.
How much longer will the City Council allow the City Manager to run the
staff in this manner over issues as serious as crimes alleged or committed by police officers? Please see the
full list of information requested, including policies designed to promote transparency
and fairness within the ranks of the police department.
Citynewswatch will post responses – or lack of
responses – as they develop.
citynewswatch charlotte <citynewswatch@gmail.com>
From: Citynewswatch.blogspot.com
To: City of Charlotte Manager Ron Carlee
Date: November 10, 2014
CMPD Arrests and Discipline Public Records Request
Dear City Manager Carlee,
Our Editorial Staff has received information that CMPD Information
Officer Brian Cunningham gave information responsive to a Public Records
Request which was either intentionally false, missing obvious information, or
which may contain numerous false or missing pieces of information about
criminal charges against Charlotte Mecklenburg Police Officers during 2013 and
2014 and disciplinary action taken related to those arrests and other
disciplinary action. Specifically, multiple arrests of officers are known to be
missing from the list provided as "complete" so all the information
provided is suspect.
Also, requests for redacted copies of Internal Affairs complaints and
redacted copies of disposition of those complaints have been denied by Brian
Cunningham and CMPD Attorney Judy Emken.
City of Charlotte Attorney Robert Hagemann was contacted October 23,
2014 on these issues and it appears you have been copied prior to this as well,
but records have not been forthcoming.
1.
Initially, please provide
immediate comment on:
a. Why Senior Attorney Robert Hagemann has
not even responded to requests for Public Records, and
b. Why the Public Information Officer for
the Charlotte Mecklenburg Police Department is giving out incorrect information
about which police officers have been arrested, and
c. Whether all CMPD officers arrested are
processed in the same manner as other citizens, with fingerprinting and
photographing, posted to the Sheriff’s public web site, and
d. Whether the list of disciplinary action
provided is accurate and truthful, or also must be corrected.
2.
Following soon, please give a projected completion date and provide
these PUBLIC RECORD ITEMS:
a. Provide a complete and accurate list of
all CMPD officers arrested during 2012, 2013 and 2014.
b. Provide a copy of disposition of those
criminal charges
c. Provide a complete and accurate copy of
all termination letters for each CMPD officer terminated/separated during 2012,
2013 and 2014.
d. Provide an appropriately redacted copy of
all CMPD Internal Affairs complaints submitted and their associated dispositions
for 2012, 2013 and 2014.
e. Provide a copy of any and all policies
relating to criminal charges against a City of Charlotte employee (CMPD or
otherwise), including but not limited to CMPD employees and especially concerning:
i.
Criteria and who makes the determination for paid or unpaid leave or suspension,
ii. Criteria and who makes the determination
whether City of Charlotte will pay for a
criminal defense if necessary,
iii. Criteria and who makes the determination
whether City of Charlotte will pay for a
civil attorney if necessary,
iv. Criteria and who makes the determination
of when and what to notify the DA’s office of cases involving an arrested
officer,
v. What criteria and timing determine if an
officer is relieved of their gun when arrested and when they may be reissued
their service gun or permitted to have other weapons,
vi. Whether any convicted criminals are
permitted to be CMPD officers,
vii. Any policies related to hiring of officers
with arrest records (ie, may an officer with record of arrest be hired? And if so,
under what circumstances?),
viii. Any other policies related to arrested
officers
Please explain why no action is being taken to provide these records
and give any comment you wish.
Thank you,
Citynewswatch Editorial Staff
Citynewswatch.blogspot.com
Citynewswatch@gmail.com
CC: dclodfelter@charlottenc.gov,
rhagemann@charlottenc.gov,
jemken@cmpd.org,
bcunningham@cmpd.org,
rmonroe@cmpd.org
sharrison@charlotteobserver.com,
rthames@charlotteobserver.com
Hagemann, Robert
to Ron, Daniel, me, Judy, Brian, Rodney, sharrison, Rick
To Whom it May Concern:
Following is the substance of an email that I just sent <name
withheld>, the “individual” who I am confident made the requests you are
referring to. I refer you to that by way
of explanation.
----------------------------------
<name withheld>
I have discussed this matter with Ms. Emken and Cpt. Cunningham and am
satisfied that they have been appropriately responsive to your public records
requests. Cpt. Cunningham will
supplement the documents previously provided for 2013 and 2014 to include 2012
now that you have made that request.
Cpt. Cunningham has asked me to pass along his phone # so you can speak
directly with him regarding this matter - 704-336-4098. Should you or your attorney wish to speak
with an attorney for the City, Ms. Emken is your point of contact -
704-353-1062.
Bob
Robert E. Hagemann
CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY
PH:704.336.2651
FAX: 704.632.8331
rhagemann@charlottenc.gov
www.charlottenc.gov
From: citynewswatch charlotte [mailto:citynewswatch@gmail.com]
Sent: Monday, November 10, 2014 1:47 PM
To: Carlee, Ron
Cc: Clodfelter, Daniel; Hagemann, Robert; Emken, Judy; Cunningham,
Brian; Monroe, Rodney; sharrison@charlotteobserver.com; Rick Thames
Subject: CMPD Arrests and Discipline Public Records Request
citynewswatch charlotte <citynewswatch@gmail.com>
to barnesforcharl., cfallon, info, vlyles, pkinsey, aaustin, lmayfield,
gaphipps, jautry, krsmith, ed, Robert, Ron, Daniel, Judy, Brian, Rodney,
sharrison, Rick
Mr. Carlee, Mr. Mayor and City Council Members,
Mr. Hagemann has sent an email which does not address the fact that
multiple arrests were not documented by Brian Cunningham on what was presented
as complete and truthful, how that was allowed to happen, or whether there are
similar inaccuracies in the disciplinary statements provided. Also not addressed is whether CMPD officers
are given special treatment when arrested.
These questions were addressed to you, Manager Carlee, as were the
questions in section 2 which requires PUBLIC RECORDS of INTERNAL AFFAIRS
COMPLAINTS and DISPOSITIONS, redacted as appropriate, POLICIES, and the other
items listed, along with a projected time these items will be provided. Mr. Hagemann has again ignored the PUBLIC
RECORDS REQUEST for these items. Please
provide a correct legal response to each item rather than his general thoughts
or perception that he thinks what seems to be avoidance of the law will be
proper by the City Attorney on behalf of the City of Charlotte, the City
Manager or its representatives.
Please reply to each issue addressed.
Thank You,
Editorial Staff Citynewswatch
