ADPS Fails To Respond To Open Records Request

By Lee White

In the days and weeks since an Augusta Department of Public Safety (ADPS) officer shot and killed a dog belonging to a veteran, the department has done everything in its power to make me question its version of events. The official story as reported by multiple media outlets: The dog managed to break through a screen door and lunge aggressively at the cop and an animal control officer. The officer, fearing for their lives, shot the dog.

At first, I tended to believe the officer’s story. I even said so publicly. Then ADPS Chief Tyler Brewer and perhaps others on the department became involved. First, there was this report that some people who wanted to organize a candlelight vigil for the deceased canine were threatened with arrest. Then, Brewer told the news media that he and others on the department had received death threats as a result of the dog shooting. Brewer told KWCH-TV in this interview that a phone caller threatened his life and that of his family if the chief didn’t “take care of” the officer who shot the dog.

After I watched that interview, I sent a written request under the Kansas Open Records Act to the ADPS, the Kansas Bureau of Investigation (KBI), and the Butler County Sheriff’s Department. The letter sought the release of the front page of any Kansas Standard Offense Report filed by Brewer or anyone with the same last name between April 13 — the date of the shooting — and the date the letter arrived at the agencies, which was April 24. The requested document is unquestionably public information, as both the form itself and the attorney general’s website indicate.

The sheriff’s department and the KBI responded within three days, as the Open Records Act requires (click here). The ADPS has yet to respond at all.

The act also requires agencies denying access to records to provide, upon request, a written explanation for that denial including the legal grounds upon which the agency based its decision. On Monday, I sent this letter via overnight mail to Augusta City Manager Josh Shaw and Mayor Matt Childers requesting such an explanation. It arrived today, so Friday is the deadline for the city’s response.

The ball is squarely in the court of Shaw, Childers, and the Augusta City Council. If they fail to respond to yet another lawful request under the Open Records Act, they will face both legal and political consequences. If the document isn’t on file with the ADPS, then say it isn’t on file, just as the KBI and the sheriff’s department did. If it does exist, then either produce it forthwith or cite a legal reason for keeping it under wraps. It’s as simple as that. Anything else will illustrate that ADPS is a rogue department.

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