Ruling expected today in Perryville police chief records dispute

PERRYVILLE, Mo. -- A ruling about whether the Perryville city government can release records requested by the Southeast Missourian pertaining to an investigation of the former city police chief was expected Wednesday from Circuit Judge Ben Lewis, but the judge notified attorneys a decision will not come until today.

During a hearing Wednesday morning in Perry County, Lewis said he would rule by the end of the business day about whether the city can turn over records requested March 14 by the newspaper.

Late Wednesday afternoon, attorneys Thomas Ludwig, who represents the city, Trae Bertrand, who represents former chief Keith Tarrillion, and Michael Murphy, who represents the Southeast Missourian, were told by Lewis' secretary the decision would be delayed because Lewis "got tied up with some other things," according to Murphy.

City officials haven't agreed to interviews about the investigation into reported misconduct by the chief, but they have issued news releases saying Tarrillion was investigated for using another officer's name on a report of property loss at his own home in November 2010. Ludwig has said the incident outlined in the investigation is the only one known to city officials.

Despite his resignation, Tarrillion has repeatedly denied any wrongdoing.

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.

Last week the city's board of aldermen accepted Tarrillion's resignation, but the terms of that resignation weren't disclosed because of a March 18 order by Lewis preventing the release of records pending further review.

On March 14, the newspaper sent an open-records request to the city of Perryville, and asked for:

• Any and all documents reviewed by the board of aldermen pertaining to the investigation,
• Minutes from meetings at which the investigation was discussed and records relating to votes taken regarding Tarrillion's employment,
• A copy of the resignation agreement that outlines the terms of the chief's departure.

During Wednesday's hearing, Bertrand asked Lewis for a permanent injunction. Bertrand argued Tarrillion, who was elected by the city's voters, was classified as a city employee when the board conducted closed sessions to discuss disciplinary action, hiring and/or firing an employee and that his records should be protected under the Missouri Sunshine Law. Bertrand said he believed a settlement agreement between Tarrillion and the city approved by the board should be closed, as should documents from the investigation into misconduct by Tarrillion because parts of the investigation preview a potential criminal investigation into the allegations against Tarrillion that could be conducted by the Missouri State Highway Patrol.

Ludwig said the city is prepared to release the records with some information redacted and gave the records to Lewis for review. Ludwig said names of other city employees in the documents are redacted, which the city believes to be prudent under the Sunshine Law. Ludwig requested, should he decide the records can be released, that Lewis not require that any information be redacted from the settlement agreement.

"I want to give the full story to the citizens," Ludwig said.

Murphy faulted Tarrillion, as the petitioner, for involving the court.

"Nobody, in our mind, except for the public governmental body, has the right to close records under the Sunshine Act," Murphy said.

A burden of proof lies with the petitioner, according to Murphy, and the petitioner is asking the judge for an advisory opinion. Murphy said the former chief, being an elected official, should be undisputed, therefore records that pertain to him are required to be open under the Sunshine Law.

Lewis said he would take the matter under advisement.

"If this was simple, it wouldn't take the Legislature 14 pages to write the fine print down, and they wouldn't have spent two more pages on interpretations," Lewis said.

Tarrillion was present at the hearing, as were Perryville Mayor Debbie Gahan, city clerk Tracy Prost and city administrator Brent Buerck.

eragan@semissourian.com

388-3627

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Perryville, MO