The Nebraska Supreme Court has rejected the city of Kimball's argument that the public is not entitled to see reports generated by a private entity on the city's behalf.
ERIC OLSON / The Associated Press | Posted: Thursday, July 2, 2009 12:00 am
OMAHA - The Nebraska Supreme Court has rejected the city of Kimball's argument that the public is not entitled to see reports generated by a private entity on the city's behalf.
But the high court, in a ruling released Thursday, affirmed part of the city's appeal in a public records case, saying documents could remain sealed if they focused on a possible violation of law.
Although the reports were made public, the high court ruled that the city's appeal was not moot, because the justices' opinion can be used as guidance if a similar case arises.
The Kimball case dates to July 2005, when Mayor Greg Robinson launched an investigation after local business leaders alleged a Kimball police officer was targeting Hispanic people for arrest.
After the Nebraska State Patrol declined to investigate, Robinson contacted a Colorado attorney, who hired two investigators to work on the case.
Weeks later, Robinson and Kimball's city attorney met with the investigators to hear their findings. Robinson said in court documents that he declined to have a written report prepared because he believed the discussion was sufficient and he didn't want the city to incur more costs.
Investigators had prepared a report for the attorney who hired them, but it was never turned over to Robinson. To have a report prepared for Robinson, it could have cost several thousand dollars, according to the city's appeal.
The accused Kimball police officer, Sharon Lewis, was fired. She sued the city, business leaders Bruce Evertson, Perry Van Newkirk and others in federal court, saying they conspired against her and violated her civil rights.
In January 2006, attorneys for Evertson and Van Newkirk demanded the city produce the report from the investigation. Kimball County District Judge Kristine Cecava granted the request, saying documents tied to the investigation are public record.
In May 2008, the city appealed the ruling. Attorneys argued the documents never were in the city's possession, so they weren't public records.
The Supreme Court's unanimous opinion, written by Justice William Connolly, said Kimball officials wrongly asserted that Nebraska statute allows them to withhold reports not in their physical possession.
The high court said Cecava erred when she ordered the release of records relating to the investigation of possible wrongdoing by law enforcement. State law makes those types of records exempt, Connolly wrote.
Lewis' lawsuit was dismissed in federal court in June 2007 after a settlement was reached.