FOIA Request – KAIT 10/4/2017

Good Afternoon,

Please see the attached FOIA request from KAIT-TV.

Thank you,

KP

———————–
Kalup Phillips
Assistant News Director, Region 8 News
870.336.1875 Work
kphillips@kait8.com Email

10-4-17 Hardy PD Scott Hart Personell Records

From: City Of Hardy Recorder Treasurer [mailto:treasurer@cityofhardy.org] Sent: Wednesday, October 04, 2017 4:52 PM
To: Phillips, Kalup <kphillips@kait8.com>
Cc: hardycityattorney@gmail.com
Subject: Re: KAIT FOIA Request

Kalup Phillips,

Concerning your request for files 1)Mr Harts personnel file 2) All documents relating to Mr Harts Termination

This is Greg Bess the new Recorder/Treasurer for the City of Hardy Arkansas.   I am away from my office through the rest of this week on a personal trip that I have had planned for almost a year.   I may not be able to respond with files/data per your request until I return Monday Oct 9th.

I can report that my office is not in possession of Mr Hart’s personnel file.   To my understanding that file  and all police employee files are were in in the office of the Police Chief Tamara Taylor when I took office Sept 5th.  Per my charge, as the new Recorder/treasurer, I have requested all personnel files for employees of the city be turned in to my office (R/T’s office) ASAP.  As of 9:30 pm Tuesday Oct 3, though the Chief has forwarded some employee records, his file was not among them.   I will forward what documents I am allowed from that file when/if it appears.

As to the records pertaining to the termination of Mr Hart you may need to be more specific.  I do have an Incident report dated 10/2/2017 that I compiled documenting my discovery of suspicious accounting and payroll issues that involve Mr Hart, our Police Chief, Mr Hart’s wife as a clerk of the city, our previous R/T and others.  My findings documented therein were brought to Mayor Jackson’s attention last Friday prior to Mr Hart’s termination.   I  was planning to forward that document to our Auditor and our Attorney for further direction upon my return.  I will forward that document and the supporting data to you by Monday AM or sooner.

If I can be of further assistance please let me know.

Greg Bess Recorder/Treasurer

City of Hardy

Sent from my iPhone


From: Phillips, Kalup
Sent: Wednesday, October 4, 2017 5:12 PM
To: City Of Hardy Recorder Treasurer
Cc: policeandfire@hardypd.com; hardywaterclerk@gmail.com; hardycityattorney@gmail.com; White, Josh; Phillips, Kalup; Pieri-May, Kirsten
Subject: RE: KAIT FOIA Request

Mr. Bess,

Thank you for your response.

We will expect those documents, allowed to use by Arkansas law, by 2pm on Monday, Oct. 9.

If you receive any of those documents beforehand – or if anyone else within the Hardy city government can send those to us – we’ll be most appreciative.

As for the documents we’re asking for – any and all documents pertaining to Mr. Hart will suffice.

If you – or anyone else – have any questions feel free to call me at 870-336-1875 or 870-243-1935.

Thanks for all your help,

KP

———————–
Kalup Phillips
Assistant News Director, Region 8 News
870.336.1875 Work
kphillips@kait8.com Email


From: City Of Hardy Recorder Treasurer [mailto:treasurer@cityofhardy.org] Sent: Thursday, October 05, 2017 2:43 PM
To: Phillips, Kalup <kphillips@kait8.com>
Cc: hardycityattorney@gmail.com, mayorjasonjackson@gmail.com
Subject: FOIA Request – Incident Report

Kalup,

I was able to pull the records earlier than I had thought possible.  Here is what I promised to you in my email October 4, 2017.

 

Greg Bess, Recorder/Treasurer
City of Hardy, Arkansas
This electronic message, including any attachments, is confidential and proprietary and is solely for the intended recipient. If you are not the intended recipient, this message was sent to you in error and you are hereby advised that any review, disclosure, copying, distribution or use of this message, or any of the information included therein, is unauthorized and strictly prohibited. If you have received this electronic transmission in error, please immediately notify the sender by reply and permanently delete all copies of this message and its attachments.

Scan_20171004

 


From: City of Hardy Recorder/Treasurer [mailto:treasurer@cityofhardy.org] Sent: Monday, October 09, 2017 1:50 PM
To: Phillips, Kalup <kphillips@kait8.com>
Cc: Jason Jackson <mayorjasonjackson@gmail.com>
Subject: RE: KAIT FOIA Request

Mr Phillips,

The personnel file for Gregory S. Hart is not on file in the Office of the Recorder/Treasurer in the City of Hardy.   As I stated earlier, to my understanding these records are with the Chief of Police City of Hardy.

Greg Bess, Recorder/Treasurer
City of Hardy, Arkansas
This electronic message, including any attachments, is confidential and proprietary and is solely for the intended recipient. If you are not the intended recipient, this message was sent to you in error and you are hereby advised that any review, disclosure, copying, distribution or use of this message, or any of the information included therein, is unauthorized and strictly prohibited. If you have received this electronic transmission in error, please immediately notify the sender by reply and permanently delete all copies of this message and its attachments.


 


10/9/2017 1:57 PM  Josh White wrote:

Mr. Bess, Mayor Jackson, Chief of Police, and Attorney representing the City of Hardy –

I’m unsure who holds the records for Gregory S. Hart, but our FOIA request is still valid no matter who has ownership of these records.

Please fulfill our request today or we will be forced to seek representation at your cost, to acquire the legal public documents sought in this request.

You can reach me at my desk (870-336-1860) for any further questions or concerns –

Thank you –

Josh White | News Director | KAIT Region 8 News

472 County Road 766 | Jonesboro, Arkansas 72401

O: 870-336-1860 | F: 334-956-0458

Always On at kait8.com I Facebook I Twitter I iPhone I Android

” src=”cid:image001.png@01D34106.73DF7570″ alt=”Email_Signature” border=”0″ class=”Apple-web-attachment” style=”width: 2.2916in; height: 0.7291in;”>


 

On October 9, 2017 at 4:21 PM, treasurer@cityofhardy.org wrote:

Attached please find all information from the Personnel Records of Gregory S. Hart as provided to me today (Oct 9, 2017) at 3:58 PM by Hardy Police Chief Tamara Taylor, with the exception of Mr Hart’s  ACIS background check which the Chief claims is not subject to review by anyone other than law enforcement.  I have referred the matter of the background check access to the City Attorney via the Mayor for determination and follow-up action.

 

There should be 14 total pages.

 

Greg Bess, Recorder/Treasurer
City of Hardy, Arkansas
This electronic message, including any attachments, is confidential and proprietary and is solely for the intended recipient. If you are not the intended recipient, this message was sent to you in error and you are hereby advised that any review, disclosure, copying, distribution or use of this message, or any of the information included therein, is unauthorized and strictly prohibited. If you have received this electronic transmission in error, please immediately notify the sender by reply and permanently delete all copies of this message and its attachments.

SCANNED GS Hart Personnel Files

From: Johnson, Brandon H. Sent: Thursday, October 12, 2017 10:59 AM To: treasurer@cityofhardy.org Cc: jwhite@kait8.com; Phillips, Kalup Subject: KAIT Freedom of Information Act Request

Dear Mr. Bess,

On behalf of the ABC-affiliated television station KAIT, I have attached for your review a letter concerning a request made pursuant to the Arkansas Freedom of Information Act for the personnel records of a former employee of the City of Hardy Police Department.  A hard copy of the letter will be delivered to your office under separate cover.

Please let me know if you have any questions.

Sincerely,

Brandon H. Johnson

Brandon Johnson Covington & Burling LLP One CityCenter, 850 Tenth Street, NW Washington, DC 20001-4956 T +1 202 662 5455 | bjohnson@cov.com www.cov.com


 

To: Johnson, Brandon H. Cc: jwhite@kait8.com; Phillips, Kalup; Alexander Bigger; Jason Jackson

Mr Johnson

In response to your letter of October 12, 2017 Regarding “KAIT Freedom of Information Act Request.

Per my records the office of Recorder/Treasurer of Hardy, Arkansas had delivered all records in our possession as of October 9, 2017.  My records show the following log of correspondence

  1. Email 10/4/2017 from Kalup Phillips (KAIT) to email of Treasurer@cityofhardy.org requesting FOIA
  2. Email  4:52 PM 10/4/17,  from Greg Bess Recorder/Treasurer (R/T) City of Hardy Kalup Phillips (KAIT) stating my absence from office, noting that the R/T was not the keeper of Mr. Harts personnel records and efforts to fulfill his request.
  3. Email 5:12 PM 10/4/17 from Kalup Phillips to Greg Bess acknowledging my email and stating deadline of 10/9/17.
  4. Email 2:43 PM 10/5/2017 from Greg Bess R/T to Kalup Phillips listing Incident Report of 10/2/2017.
  5. Email 1:50 PM 10/9/2017 from Greg Bess R/T to Kalup Phillips stating that personnel records for Mr G.S. Hart were not in the Recorder/Treasurer’s possession.
  6. Email 1:57 PM 10/9/2017 from Josh White KAIT to Greg Bess, Mayor, Attorney, Hardy Police stating “I’m unsure who holds the records for Gregory S. Hart, but our FOIA request is still valid no matter who has ownership of these records”
  7. Email 4:21 PM 10/9/2017 containing 14 pages of personnel data from Mr. G.S. Hart, as delivered by Police Chief Tamara Taylor.

 A complete listing of all correspondence “to date” for your FOIA request received October 4, 2017 may be found on our www.cityofhardy.org web address under “City News” via the category “FOIA Responses” or via this direct link.  Yesterday while investigating a FOIA for Ms.  Hart,  I uncovered records associated a questionable pay stub.  That FOIA response can be found at this link.   I will update the KAIT listing with this data as well.  To my knowledge at this time, these are the records contained by the City of Hardy Recorder/Treasurer.

 Please note however, as I noted in my email of Oct 9, 2017 4:21, the Chief of Police for the City of Hardy, Ms. Tamara Taylor has a background check document for Mr. G.S. Hart that she refuses to provide to this office and claims is not subject to FOIA.  I have only hear-say knowledge of it’s existence.

 

Greg Bess, Recorder/Treasurer
City of Hardy, Arkansas
This electronic message, including any attachments, is confidential and proprietary and is solely for the intended recipient. If you are not the intended recipient, this message was sent to you in error and you are hereby advised that any review, disclosure, copying, distribution or use of this message, or any of the information included therein, is unauthorized and strictly prohibited. If you have received this electronic transmission in error, please immediately notify the sender by reply and permanently delete all copies of this message and its attachments.


FOIA Chasity Hart cks 10102017