Following a statement from City Manager James Loomis Tuesday, Defense Attorney Charles Dunn sat down to discuss some of the legal elements surrounding an open records controversy.
The statement addresses an allegation raised by EverythingLubbock.com on June 25. Reporter James Clark alleged that there was evidence a police report had been deleted four days after it was the subject of an open records request.
A subsequent open records request showed that an officer admits to having the report deleted. It is not known yet if the officer was acting on his own or if he was ordered to do it by his supervisor. Dunn told our reporter that if it were true it would break the law.
“That’s not only a civil violation of the public information act,” he said, “It’s also more importantly a criminal act.”
According to Dunn, the Public Information Act requires government agencies to supply certain documents. In this case, he said, the preliminary police report should have been supplied.
“When you try to cover up, then you get into trouble.” He said. “I think that’s what happened in the Ysasaga case. The cover up is what’s the problem. You cannot have that in government.”
Dunn said in his opinion, the city should own up to it’s decisions instead of trying to cover up for them. He said City Manager Loomis’ statement was a step in the right direction to addressing the problem.
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