scottsdale lose fight to keep cops public records secret! Original Article Scottsdale loses public-records fight By Irene Hsiao, Tribune A Maricopa County Superior Court judge ruled Wednesday that Scottsdales handling of public records is inappropriate and unlawful. Judge Michael D. Jones ordered the city to pay the Tribunes legal fees for a nearly yearlong court battle concerning the release of performance evaluations of former Scottsdale police officer Kevin Baxter. Baxter was involved in an alcohol-related hit-andrun that left a Maricopa County sheriffs deputy an amputee on May 1. The Tribune immediately requested Baxters employment file. The city provided some records, but withheld his personnel evaluations. The newspaper filed suit on June 16. "As of December, we had paid nearly $23,000 for legal assistance in a fight that until today had not even gotten into a courtroom," Tribune Executive Editor Jim Ripley wrote Wednesday in an e-mail to newspaper employees. "So you can see how expensive such fights are and how favorable rulings like this could encourage others to not take No for an answer. The ruling should send a message to other government agencies that dont obey Arizona Public Records Laws." The entire cost of the legal fight has not yet been tallied, Ripley said. Scottsdale public affairs officer Pat Dodds, who did not attend the court hearing in Phoenix, said city attorneys and human resources officials will re-evaluate the citys public records policy. "This was a ruling about the process. The judge didnt say personnel evaluation should always be disclosed or never be disclosed. He focused on the decisionmaking process," Dodds said. "Our bottom line is we believe the city followed the proper process. The judge acknowledged the city attorneys office really did everything they could to make our process consistent with state law," he said. No decision has been made on whether to appeal, Dodds said. In issuing the ruling, Jones said, "This provision of the city code is inconsistent with the Arizona Public Records Law and inconsistent with case law. This provision of the city code is inappropriate and unlawful." The citys actions were arbitrary and capricious, but were not made in bad faith, Jones said. Baxter was drunk and speeding at 2:15 a.m. when he crashed into deputy Doug Mattesons motorcycle on U.S. 60 in Mesa. Matteson was thrown 60 feet and had to pull himself across three lanes of traffic to get to safety. Baxters blood alcohol content was 0.173 percent three hours after the crash. Arizonas legal limit is 0.08 percent. More than four months after the Tribune submitted its initial public records request, the city produced Baxters performance evaluations the day before the opening court hearing was scheduled. The evaluations noted that Baxter lagged in issuing driving under the influence tickets. The newspaper then sued to recover attorneys fees. "At most, what the plaintiff can argue is they were wrongfully delayed," said attorney Scott Currey, who represented Scottsdale. The city said Baxters crash was not job-related. "Thats a stunning statement," Tribune attorney Dan Barr said during the hearing. "Police officers dont get to commit felonies off duty." Baxter resigned in lieu of being fired, was sentenced to five years in prison and had his law-enforcement certification revoked. Barr said, "Scottsdale is playing games here. Theyre staffed with a lot of smart people, too many people for this to be a mistake. Its time for the games to come to an end." Municipal law expert Bill Farrell, an attorney who represents Queen Creek and Cave Creek, said both sides usually bear attorneys costs in public records matters. "Im a firm believer that the publics business is the publics business," he said. "The courts decision is very accurate." Stephen Doig, a journalism professor at Arizona State University, said there are few sanctions against those who violate public records law in Arizona. "Im glad the courts are recognizing the importance of this. The awarding of attorneys fees normally doesnt happen," said Doig, who also serves as a director of the national Investigative Reporters and Editors organization. Ripley said Jones finding is particularly encouraging because it came at a time of increasing government secrecy. "This should give heart to individuals who dont have corporate backing and are seeking what should be public records," Ripley said. Contact Irene Hsiao by email, or phone () -