Judge blocks public records request in police chief case

PERRYVILLE, Mo. -- A judge has issued a restraining order upon the city of Perryville to withhold certain documents and information surrounding the resignation of its police chief, who is on paid leave and has turned in his resignation after an investigation into his conduct.

The order, signed by Circuit Judge Ben Lewis, blocks the city from responding to a Sunshine Law request sent by a Southeast Missourian reporter March 14.

The police chief is an elected position in Perryville, a fourth-class city.

The newspaper asked for:

* Any and all documents reviewed by the board of aldermen regarding the investigation,

* Minutes from meetings at which the investigation was discussed and records relating to votes taken regarding Police Chief Keith Tarrillion's employment,

* A copy of the resignation agreement that outlines the terms of the chief's departure.

Thomas Ludwig, the city attorney, said in an email that the city was ready to comply with the Sunshine Law request "if and when the judge lifted his order." In a separate interview, Ludwig said the documents have been prepared, including the redaction of names and information pertaining to employees of the city.

Tarrillion, represented by Frank C. "Trae" Bertrand III, said in his petition that the records constitute a "closed record" under the Sunshine Law because it "contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer, or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential."

As part of the Sunshine Law request, the Southeast Missourian asked that, if portions of the requested records were closed, the city segregate the closed portions and provide the newspaper with the rest of the records. It is common for government bodies to redact certain information from public records requests, citing the provisions mentioned in the restraining order petition.

The Sunshine Law states that the "hiring, firing, disciplining or promoting of particular employees by a public governmental body" may be closed, although a vote on a final decision must be made available to the public within 72 hours of the decision.

Jean Maneke, an attorney who represents the Missouri Press Association, of which the Southeast Missourian is a member, said elected officials are not considered "employees" under the Sunshine Law. She said elected officials are a "public body." Ludwig said he did not see anything in the Sunshine Law that protected elected officials the same way employees are, and that is how the law generally is interpreted by other lawyers.

After reviewing the Southeast Missourian's request, Maneke said she believes the information requested by the newspaper should be an open record.

The petition also stated that releasing the information could cause "immediate and irreparable injury, loss, or damage that will result in the absence of the court granting the requested injunctive relief" because the information would be "personal" and "other personnel will be disclosed." The petition states that the "safety of the petitioner, witnesses and personnel will be jeopardized" if the information is released.

The petition also said that, because the city has announced its intent to hand over the investigation to the Missouri State Highway Patrol, information released to the newspaper could "potentially jeopardize said investigation."

Bertrand, during a telephone interview, said he wanted to make sure sensitive information for his client and others is protected, and information wouldn't be turned over unless there's "an exception that would apply."

According to information previously released by the city, Tarrillion was investigated for using another officer's name on a report of property loss at his own home in November 2010. Ludwig said the incident outlined in the investigation is the only one known to city officials.

Tarrillion on March 13 submitted his resignation, which must be approved by the board of aldermen. The board is scheduled to meet today on the topic. Despite his resignation, Tarrillion has reiterated his innocence.

Tarrillion joined the Perryville Police Department in 1993 and was elected chief nearly a decade later.

A news release issued by Perryville officials said Tarrillion received nearly $5,700 from his insurance company resulting from a claim of vandalism of a hot tub and a small table at his home.

The temporary restraining order prevents the city from releasing the information. A petition for preliminary injunction is set for a hearing March 27. At that time, a judge could rule whether the information will be permanently closed.

In a police report document previously released by the city of Perryville, certain information, including Tarrillion's Social Security number, was not redacted when sent to the Southeast Missourian after a request. The Southeast Missourian redacted the information before placing the report online, but Ludwig sent an email to several media outlets the following day asking them to destroy the unredacted document and accept the new one, which had been redacted.

bmiller@semissourian.com

388-3625

Pertinent address:

Perryville, Mo.