(KAIR)--No formal repercussions for the City of Elwood, following an investigation into the Doniphan County community's failure to respond to an open records request.
The Kansas Attorney General's Office conducted the probe, following a complaint filed by MSC News.
It stemmed from the city's failure to comply with the request within the time frame stipulated by state law.
In a letter received this week by MSC News, the AG's office, following the investigation, found that procedures were not in place to handle such requests, with the one filed by MSC News apparently the first Elwood had ever received.
In the letter, the Attorney's General's Office notes that City Attorney Joel Euler says he plans to make certain “that the city will take remedial action to correct” such future issues.
The investigation revealed that the city clerk, having not received such a request in the past, perceived the one filed by MSC News as “suspect” or “possibly not legitimate.”
A followup email sent by MSC News, over a week after the deadline to respond had passed, led to action being taken. However, an immediate response was not made, leading to the filing of the complaint.
The requested information, pertaining to publicly accessible personnel information regarding accused, former Elwood Police Officer Aaron Newberry, has since been received by MSC News.
MSC News, in the open records complaint, stated that the preferred solution was to receive the information, and the AG's office noted the resolution to not pursue further action was based, “in large measure,” on that.
Newberry, arrested July 21, is charged with aggravated sexual battery and mistreatment of a confined person.
Currently free on bond, the former officer is scheduled to make his next appearance in a Doniphan County courtroom on the morning of September 20 for a pre-trial conference.
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